The role of judiciary became
the object of discussion when, almost a year ago in particular and upon
promulgation of National Accountability Ordinance, 1999 in general, several top
leaders and bureaucrats of the country were arraigned and made to face trials in
various courts of the country on different charges involving huge amounts of
public money. Every country stands safe on three important pillars that sustain
it – the political leadership, the executive machinery and the judicial system.
Each of these three systems is not only complementary to the other two but is
also a sort of watchdog to ensure that the other two systems do not go astray.
The judicial system, however, enjoys the top position because it is almost
independent of the control of the other two systems. The judiciary, as per the
various articles in the Constitution of Islamic Republic of Pakistan, 1973 of
this country, has been given wide powers. An attempt has been made by the
founding father of the Country and constituent Assembly in the Constitution to
provide full autonomy to the judiciary so that the process of meeting out
justice to one and all is free and fair since the very inception.
The system of judicial controls has been going on in a very satisfying manner
ever since partition of sub-continent in 1947. Justice in this country can be
delayed but it is never denied. Everybody is free to approach the courts
whenever he or she feels that he or she is being deprived of his or her rights
as a citizen of Pakistan. A provision has been made for providing legal
assistance to those who are too poor to pay and fees to the lawyers in offences
involving capital punishment . Justice has thus been brought within the reach of
one and all.
Many a time it is seen that some undesirable elements try to misuse the legal
process to either circumvent justice or to delay the process in such a way that
delayed justice only amounts to the denial of justice. The judicial system of
the country is certainly vested with remedies for such situations but many a
time the sufferers are not aware of these remedies.
The role of judiciary was brought into focus when several cases and scams
involving VIPs and VVIPs were brought to light either by the FIA, NAB or through
some public interest litigations. Some startling or political positions to
defraud the public and pocketed huge sums of money running into thousands of
crores. Prominent amongst the scams that were brought to light were leveled
against the top leadership of the land. In fact, the cases are investigated by
FIA, NAB, Police and other agencies but prosecution rest in sitting governments.
There are many loopholes in the working of investigating agencies and when they
build up nexus with prosecution , the courts of the country left with no option
but to set at liberty those offenders because of the poor collected evidence
against the offenders. Instances can be quoted of rental power case, worldwide
scam of fake degrees case involving Exact in Pakistan. In recent past as per
investigative report of “The News” ISLAMABAD published on 11.08.2017 : Out of
175 mega corruption cases, which the National Accountability Bureau (NAB) had
shared with the Supreme Court in 2015, investigation into a total of 14 high
profile cases has been closed by the Bureau.
The cases dropped so far include those involving Finance Minister Ishaq Dar, KP
former chief minister Aftab Sherpao, ex-ambassador to the US Husain Haqqani,
former PPP minister and presently PTI leader Firdous Ashiq Awan and Mehrangate-linked
Yunis Habib.
As per the announced policy of the NAB, each inquiry/investigation was to be
either closed or converted into a reference but it could not be done in most of
these high profile cases including those being probed against some leading
politicians including Nawaz Sharif, Chaudhry Shujaat, etc.
Through in-house reformation process, the NAB in early 2015 limited the
discretionary powers of its regional chiefs and director generals to end the
past practices of blackmailing, witch-hunting and political victimisation and
decided that a complaint against any politician, bureaucrat, individual etc
would either be dropped or converted into a reference within ten months.
Under the same policy, the regional chiefs as well as the authorities concerned
at the NAB headquarters were given two months time to complete the process of
complaint verification. It was said if the complaint was verified and had “prima
facie evidence”, it would be converted into inquiry otherwise it would be thrown
in the dustbin. For the completion of inquiry, the NAB authorities are given
four months time during which they need to get hold of incriminating evidence.
It was decided that in case the required evidence was obtained during the
four-month inquiry process, it would be converted into “investigation”. In the
case of non-availability of “incrementing evidence”, the inquiry would be
dropped. However, in most of the high profile cases the set deadlines could not
be met.
According to the details as available on NAB’s official website, inquiry against
Younus Habib into HBL willful loan default has been settled after the recovery
of Rs3 billion by the bank. Investigation against Aftab Ahmed Khan Sherpao into
$1 million alleged corruption case was closed in 2015.
Inquiry against Firdous Ashiq Awan for alleged misuse of authority and
embezzlement closed in January this year. Investigation against Ishaq Dar into
allegations of misuse of authority and assets beyond means was closed in July
2016. Investigation against Husain Haqqani into alleged misuse of authority in
unlawful award of licences to three private companies for establishing FM radio
station in Lahore, Karachi and Islamabad closed in May 2016.
Inquiry against Management of OGDCL Employees Cooperative Housing Society, M/s
Faizan (Pvt) Ltd & others into fraudulent purchase of land and involving Rs600
million was closed in Oct 2015.
Inquiry into the affairs of Ministry of Housing & Works, Islamabad & others into
alleged embezzlement in purchase of 3000 kanal land and development of a housing
scheme was closed through settlement. FGHEF issued pay orders amounting to Rs686
million in the name of Green Tree as guarantee to start development at the site.
Inquiry against officials of CDA Islamabad and others over alleged illegal
allotment of plots in Diplomatic Enclave was closed in August 2016. Inquiry
against Javed Nadeem Akram, Management of Pakistan Employees Cooperative Housing
Society (PECHS) & others into alleged embezzlement of society’s funds, was
closed in Jan 2016.
Inquiry against Management of National Assembly Secretariat Cooperative Housing
Society (NASECHS) & others into violation of approved master plan and illegal
allotment of land, closed in January 2017.
Inquiry against Management of Civilian Employees Cooperative Housing Scheme (Soan
Garden Phase-II) & others into alleged cheating of public at large in the garb
of housing society was completed and case was referred to registrar cooperatives
for necessary action in April 2016.
Inquiry against Management of Al-Falah Cooperative Housing Society, Lahore and
others for alleged misuse of authority, corruption and corrupt practices into
the affairs of housing society was closed.
Inquiry against Dr Sohail Shahzad, acting VC Hazara University into alleged
misuse of authority in appointments closed in March 2016. Inquiry against
officers/officials of Rawalpindi Development Authority and others into alleged
misuse of authority in irregular award of elevator and PSD Metro Bus Project
RWP-ISD was closed in December 2016.
Allegations of accumulation of huge properties and assets were leveled against
Ex-Prime Minister Mian Muhammad Nawaz Sharief. Prima facie he could not give
money trail. He was de-seated from the National Assembly as well as Office of
premiership few months ago in the wake of judgment of the august Supreme Court
of Pakistan being not truthful and trustworthy as per the provisions of Articles
62 and 63 of the Constitution.
In the past various cases of corrupt practices came to light in defence
purchases , the Housing Scam, the Banking and charges of corruption and
irregularities were leveled against top leaders of the country. Even though some
of these leaders succeeded and managing in proving their innocence , taking
undue advantage of their high position , a majority continues to fight the legal
battles with their backs to the wall. Some of those charged were arrested are
put in jail. While some of them succeeded in getting released on bail, others
could not. Some leaders and bureaucrats had to leave the high posts they were
holding in order to prove their innocence. Others had to step down under strong
public pressure. The whole country was shaken to the bones.
The entire process proved that none amongst the top leaders of the country could
be labelled beyond doubt. In a situation like this, a big, powerful lobby is
working in the direction of suppression of the process of natural justice or
bring a bad name to the judiciary or the judicial process. It is feared that
some vested interests may succeed in throttling the judiciary in some subtle
manner. Some people have already started using the terms like ‘judicial
activism’ and ‘judicial jingoism’ to give the wrong impression that judicial
system would prove suicidal for the country.
In spite of several constraints, the judiciary continues to play its role to the
best of its ability. Many corrupt leaders, politicians and officers continue to
be brought before the court on various charges.
Judiciary is the only hope of the country. There is no doubt that politicians
and bureaucrats have failed in their duty to give this country a clean, honest
government answerable to the masses. It is judiciary alone that can assert
itself and call a spade a spade without fear or favour. The law of the land must
be allowed to prevail. This is possible only if the judiciary is made stronger.
Quick and efficient administration of justice must be ensured to one and all.
Pakistan lives only if its judicial system lives ; Pakistan dies if its judicial
system is stifled. No power, however big, should be allowed to circumvent the
judicial process. Free and fair justice is the soul of this country.
Our Ex-Prime Minister remained Prime Minister of Pakistan for thrice. Prior to
this he remained Chief Minister of Punjab and even Finance Minister Punjab. He
should have provide money trail of his assets including assets of his
dependents. He should face the trial and should provide money trail instead of
criticizing the august Supreme Court of Pakistan as well as Honourable Judges ,
otherwise he would have to face the music.