Are the Courts Working?
Honourable, Chief Justice, Anwar Zaheer Jamali was perhaps among the leading
judiciary spokespersons who lauded much more on the bad governance, failure of
the governmental institutions, high level corruption and no way-out to resolve
the crisis of the people at large.
He also talked about the human rights violation and denial of access to justice
to the common people but at last he did a big sorrowful act that wondered and
astonished the 200 million people at Pakistan and around the world that how the
case ‘Panama Paper, heard more than 98% was declared to be handed over to the
coming judiciary with new proposals, if, to have constituted a new bench and
rehearing of the cases.
It shocked the nation and the poor at large who were denied their constitutional
and the legal rights since the day 1947.
An old saying is still valid and believed that if the courts are working and the
people are delivered justice at their door step with no delaying and denying no
enemy can defeat the nation what so ever the circumstances are there.
The question is why this is so important and priority to believe in this
acclamation that nothing will go wrong and everything will be managed with just
working of only one institution in the country.
The answer is simple that all the institutions and their subordinate
institutions established in any state are to ensure the people that their all
constitutional and the legal rights will be provided to the citizens without
delaying and denying and each citizen will have access to justice as the equal
gender with equal rights and respect along with guaranteeing each to be
listened, heard and counted in all sort of policies making and implementing.
This acclamation in the name of rule of law also ensures the people of the sate
that they will be the partners in all sort of planning, financing, execution,
monitoring and evaluation of development projects to establish a culture of
accountability in the society to guarantee the delivery of services on time and
at affordable costs, the philosophical outcome of the constitution.
But in case, if the people are denied access to justice in terms of failure of
the judicial systems it would mean to deny the majority of their constitutional
and the legal rights for which the state was established and to run and manage
the sate functioning the legal body in the name of judiciary was constituted as
a guarantor to the people.
It is interesting to note here for the sake of knowledge that the majority of
the people think and believe that to deliver justice to the people is the
responsibility of the government in terms of establishing ministries, their
subordinate institutions and so on at the district level in the name of district
management having more than 16 or 17 EDOs, the DEOs with staff of hundreds and
the budget of billions per month.
No doubt, they are for the same and assigned to ensure their activates in
accordance to the rules of business but if they deny to respond their duties
they are accountable before the court of law and to face the rigorous
punishment, fines and jail yatra too.
But if the said institutions are let free of any accountability even if looting
the billions, cheating the majority people worth billions, land grabbing of
trillions , food poisoning, burning alive 280 poor with having bail facility who
could believe that the courts are working and the poor and the deprived are
getting justice at their door step.
Such an atmosphere confirms the failure of the rule of law especially for the
poor and the suffering and needs comprehensive institutional reforms at gross
root level where the majority is deprived.
The people of Pakistan who have perhaps become habitual of being cheated or
looted by their leaders hoped that the process of accountability for the rich
and the rulers started and now by the process or the passage of time the bad
books would be eliminated and each would have access to justice as the equal
gender with equal rights, each would be heard and counted for his /her saying as
ensured and conferred in the constitution of Pakistan.
What comes up by the coming new judiciary headed by the honorable Chief Justice
will pave way for making or breaking the civil society, either to believe in the
judicial justice being the poor and having the facilities of bail and honourship
equal to the Mayor of Karachi wanted in more than 39 cases including the murder
of hundreds of innocent, bhutta of billions, shooting of more than 20 in one day
score but granted the honorable bail facility with no fear to be booked but
confident to be freed one day soon if the political situations remain the same
and the rulers needed the Law of Necessity for the continuation of their
governments.
If reviewed with a comparative study the overall activities of the judicial
justice for the poor, the deprived and the rich in the society we hardly find
exemplary judicial acts/decisions in (favour) of the poor or the needy who
deserved to be treated the same as the rulers or the Mayors or the loan
defaulters or the loan writ offers of billions with new assignments to become
the MPA, the MNA, the Senator or the advisor to the government with the package
of millions.
But as compare to the rich, the poor and the deprived majority accused of
different allegations more or less than that of the rulers and their allies had
to go to the jail and remain there for the period of 10,12,14,16,18 and even 20
years.
If compared, these bloody poor were alleged in cases of killing of one or the
two and had the same constitutional rights as the rulers and their elites but
were detained and fixed in the jails for the longer times but with no bail
facilities as compare to the Mayor of the Karachi and some other rulers granted
the bail facilities in more or less in heinous cases.
This sort of biasness practiced in the judiciary at large with administrative
corruption since the day one has done a great job that paved way for not
believing in the justice and calling it justice for the rich and the poor
differently.
Let me quote here a striking but shameful statement of an ex officer of the NAB
saying that if you have money here in Pakistan no one can do anything against
you but if you are a bloody poor you may be hanged even on the false charges.
A few month back two brothers released by the honorable Supreme Court were
hanged on the earlier orders the Supreme Court was told.
To remain in jail for the period of 10 or18 years is a normal practice of our
judicial system with no hearing of the cases or granting the accused bail
facilities as to the rich and the rulers and the billionaires and the smugglers
etc.
So, with due apology, may I say that on what grounds the honorable courts
demanding their respect as it is proportional to the delivery of justice to the
poor and the needy without delaying and denying and at the earlier and at
affordable costs.