Justice delayed is justice denied

User Rating: / 1
PoorBest 

 

Last few weeks were passed with the vain imaginations about independence of judiciary, all the expectations are dieing as there is no progress at any side. Courts are entertaining the cases, taking sue-motto actions, trying to provide relief in some cases. But all exercise is come to stand still, and situation is moving bad to worst.

There are many factors which are abiding judiciary to play its role; a symbol which represents Law and Justice is to portray by an image, where the eyes of the judge are covered by dark cloth with hands holding the balance is in jeopardy. Judges are badly influenced by the events happening around them; in this situation it is not possible to achieve results. All the definitions which highlight role of judiciary are based on civilized societies, such as fundamental liberties, basic rights, rule of law, constitutional rights, human, civil and legal rights. There are a few examples how judiciary failed to protect above rights of citizens, a few examples:

1. Missing person’s case

2. Massacre and demolition and disappearance of Jamia Hafsa students

3. Contempt of court in abduction of ex Prime Minister

4. Corruption cases against politicians

5. To reduce the impact of authoritarianism

6. To reduce the role of agencies

7. Humiliation of Chief Justice

8. Attack of mobs on Sindh high Court and massacre of Karachi

9. State terrorism

10. Genocide of Pushtoon and Bloch citizens

11. Contempt by Sher Afgan Niazi

12. Threats of Martila Law, emergency and reducing powers of courts

13. Continuous harassment and imprisonment of opposition parties


Now it is not only a matter of protection of rights of citizens or rule of law, it has crossed the limits to protect dignity and credibility of Courts as such Judges itself. It entirely depends on courage of judges; there is no question bravery of some judges which create an illusion that all judges have the same courage. Moreover movement of lawyers encouraged citizens to reconstitute their faith on judiciary. But all in vain, decisions are blocked; fear of judges to lose their employment, threats from political orphans, mockery of generals and void and null status of Courts decisions has thrown citizens in hopelessness and disgusting situation.

Great Challenges to Judiciary in Pakistan:

We accept this is not a civilized state, undemocratic, puppet of American administration, authoritarian, fascist and supported by western democracies for their vested interests. More over on the list of most corrupt states in the world.

Pakistani fascism is based on promoting interests of Army generals and Military corporations by keeping them above interests of citizens. More over Legal system is abused by disparagement of Courts, and the lawyers have no choice to make the system work. Continuously violating most fundamental procedures of any civilized nation by denying the right to run election campaign and truly vote to its choice, by manipulating, by use of force and to promote individuals interests at the cost of majority. It is according to true definition of fascism, where a system of government is characterized by rigid dictatorship, conduct forcible repression of opposition, keep economy under centralized government control, by nature promote quarrelsome type of nationalism, encourage racism, patronize sectarianism and support militarism, etc.

Formulated strategies against media:

“Authoritarian Governments customarily formulated strategies to establish total control over the print press and the electronic media, including more recently the Internet, while they sought to entrench themselves permanently in positions of uncontested supremacy. But at the same time, where true democracy and the civil rights of citizens were effectively undermined, the media, when supported by a courageous and determined civil society, could play a vanguard role in fighting for basic rights and freedom.” http://www.un.org/News/Press/docs/2006/obv555.doc.htm

Difficulties faced by Judges:

For a long time, Pakistan’s secular judiciary looked like a dead and meaningless organisation. It was so impotent that military leaders did not even consider it whenever they were trimming down other institutions. Normally, the judicial “doctrine of necessity” allowed non-elected government forces to act as they pleased.
Neither army nor bureaucracy ever really felt restrained by the nation’s constitution or other official laws. Justices who dared to oppose military or bureaucratic decision-making, were quickly transferred to other courts or lost their jobs entirely. In many instances, their family members were threatened.

http://www.inwent.org/ez/articles/056667/index.en.shtml

Psychic of authoritarian governments and War on terror

War on terror is a God given gift to dictators, kingdoms and other fascist governments; it is means to shower economical benefits on poodle type rulers, by strengthening their armed powers, immorally supporting extra judicial measures and acts of state terrorism.

War on terror caused death of liberation movements and produced armed groups to fight last battle for their survival; it also provides flexibility to eliminate political opponents by labeling them terrorists. All such circumstances established war phobia, great number of violation of human rights are observed, and all such practice is unchallengeable in any courts of law.

Judicial system is badly ruined by patriotism of judges, Army and terrorists courts, media trials of alleged persons. Last nail in the coffin of judicial systems was brought by international alliance of neo-con’s, faithful and those who believe to protect neo-imperialism joined hands.

Most rulers who jumped in the ship of war on terror are either have greediness of economical benefits or under threat of super power, others who want some kind of legitimacy in the eyes of west, who were under continuous bullying being non-democratic states by western media.

Right wing conservatives are quiet different in ideologies from Liberals of Canada, Labor party of UK, French and German Socialists, such as on the issues of rights of gay, definition of marriage, tax cuts, war on terror and other social values.

Whether it was not a miracle that all the rich nations agreed on “conservative agenda” and jumped on Iraq and Afghanistan? In developing nations all dictators, kingdoms, Sheikhdoms, Ayot ullah’s, Hosni Mubariks and fascists found privilege to join above circle of “heterogeneous ideologists” of rich nations. If we talk about Pakistan, new-moderates, vulgarists, alcoholics and pornographers supported them whole heartedly under chairmanship of fascist dictator, Mush and Benazir grabbed dogs, moderate women removed their trousers on the name of walks, Ashoka theaters, Basant and sufiism was endorsed as sign of faithfulness, opposite to basic ideologies of new-cons, as John Ashcroft, former Attorney General ordered to put curtain against the naked statue of justice, which was considered values of conservative ideas, which created uproar in the opponents.

It helped them to gain global coverage through satellite media and financial support.

According to a scholar on “humanrightsfirst” web site:

“Authoritarian governments propagate the idea of being a “fortress under siege surrounded by enemies” which enables them to subvert their internal critics from civil society and independent media and to dismiss external criticism of poor human rights conditions as aimed at undermining national interests and sovereignty.”

Whether is it not a matter of wonder that peoples are being convinced about benefits of western democracy, when peoples of under developed nations were educated enough to ask their rulers for democratic reforms in the society, same powerful rich nations came forward to protect their appointed sycophants. Out of 167 nations only 28 nations reach to the standard of democracy, three quarter out of which are welfare states. All the 56 Muslim countries are authoritarian governments, in entire Asia and Africa there is no nation considered as true democratic including India and Japan. There are double standards on liberation movements, East Timor was justified but Philippines Moro front is considered terrorism, Aboriginals are considered first nation but Palestinians have been thrown out of their homes. Preach secularism but opposite to that support 2000 years scriptures in establishment of Zionist state.

As the government and combined military forces of the United States were cranking up and talking up the global “war on terror” in 2003, the Asian Human Rights Commission warned that deliberate efforts to undermine and relativise the absolute prohibition against torture in international law would spread and mutate into attacks on all vital principles underpinning democracy, human rights and the rule of law. That is now happening. In the United States itself, as well as in some other established democracies, the very independence and authority of the judiciary is under concerted and methodical attack by elected leaderships and their minions.

http://www.ahrchk.net/statements/mainfile.php/2006statements/581/


Democratic United States:

An article highlighting Bush government’s authoritarian role is self explanatory, after reading the analysis based on the behavior of a President of a democratic nation, as such leader of the same democratic government is whole heartedly busy in supporting fascist and authoritarian governments around the globe. It reflects the general behavior of US government and dominance of political power set a siding basic principle of democracy.

“In a dictatorship, no one else in government has power to halt the authoritarian who authors and enforces his own laws. George W. Bush is acting the role, and getting away with it, because our judicial system is incapable of responding with speed or efficiency to the Constitutional crises being raised by the President’s incredible expansion of the power of the executive branch.

Our judicial system is now so clogged, that Pres. Bush’s administration is free from worry of having his efforts hampered. Since, by the time these Constitutional issues make their way through the courts and are resolved by the Supreme Court, he will no longer be in office. The next president is not about to subject themselves to prosecution after leaving office by instructing the Department of Justice to pursue prosecution of the Bush Administration after he leaves office. We are thus, institutionalizing an authoritarian government cloaked in the guise of a democratic republic for marketing purposes only.

Most dictatorships begin with a benign dictator, or at least the appearance of one. But that kind of power for a person to author their own laws and policies according to their own needs, desires, and wants, will inevitably be transferred to a person who is anything but benign in their exercise of that power. The history of the Roman Empire outlines this process many times in its history, as do South American regimes over the last century

One of the lynch pins to any president establishing and protecting this authoritarian power is control of the Justice Department. If the Justice Department becomes the pawn of the White House to do its bidding, as is being investigated now by Congress, the rule of law is traded in for the rule of the man or woman sitting in the White House and those closest to him / her in the Administration.”

http://www.poliwatch.org/archives/Analysis/2007/07/20/20.03.00/

Two examples of authoritarian regimes
Haiti

A country where the human rights situation had become a veritable nightmare, characterized by systematic and wide- spread human rights abuse - extrajudicial execution, forcible disappearance, the use of rape as a tool of political repression, torture and other forms of cruel, inhuman or degrading treatment, illegal and arbitrary arrest and detention, curtailment of the freedoms of expression and assembly, and forced internal displacement. These acts were perpetrated by state security agents - police, army and chefs de section and others protected by a cloak of impunity - armed civilian thugs known as attachés, and members of paramilitary groups, in particular the Front Révolutionnaire pour l’Avancement et le Progrès d’Haïti (FRAPH). This dire state of affairs led in February 1993 to the fielding of an International Civilian Mission - jointly organized by the United Nations (UN) and the Organization of American States (OAS) - and the deployment of human rights observers throughout Haiti.

http://www.un.org/rights/micivih/rapports/progress.htm

BURMA:
The 1974 Constitution and challenge for Burma’s courts

The regime that brought in the 1974 constitution—together with the constitution itself—is long gone, but its mutilated legal system remains. In fact, Burma’s judiciary is today a far more degraded creature than it was a decade or two ago. Like other state agencies, the courts and law offices are staffed by persons who at best are untalented and disinterested, and at worst incompetent and ignorant. Constant meddling and interference from authorities, coupled with rampant corruption, have ruined judicial institutions and personnel. To win a private dispute is a matter of paying enough money. To win a dispute with the state is all but impossible.

http://www.ahrchk.net/statements/mainfile.php/2006statements/539/

Expectations of Peoples and responsibilities of judiciary in Pakistan

Protection of each person’s Constitutional, human, civil and legal rights

Protection from wrong-doing of others

Protection of the weak from the strong, and powerless from the powerful

Protection of individuals: by unwarranted or unlawful train of power by the State.

Restoration of rule of law: in the formation, preservation and progression of a civilized society.

Does it happening in normal practice? Answer is big NO.

We were used to corrupt judiciary; Justice Munir and Justice Irshad Ahmad Khan was our role model, oppression was our fate and justice was a dream. Corrupt politicians, corrupt judiciary and corrupt establishment were motto of our nation.

We did not speak:

1. When Army Generals and officers were becoming billionaire

2. When politicians were putting billions in pockets

3. When Government was selling citizens for economical benefits

4. When logistic facilities killed thousand of Afghans

5. When Kashmir was sold

6. When unknown unmanned planes killed our citizens

7. When state agencies were abducting, target killing and running hidden prisons

8. When women and children were burnt in Mosque

9. When Quaran and Ahadis were burnt with ammunition

There are one hundred when’s.

It was a great day in the history of Pakistan that Judiciary and lawyers recognize their role, as a last resort people rush to support them. A few great decisions encouraged peoples that perhaps Judiciary at last has became independent. But judiciary did not care to their own decisions, hungry wolves, toddies of fascism; political orphans and mafia which were against independence of Judiciary were active to sabotage each and every decision of judiciary. It is a great mistake of judiciary to take light such actions and compromised with integrity of courts such as:

Why government servants who humiliated CJ were not brought to justice and why mastermind of conspiracy was not pointed out

Alleged police officers were promoted to highest ranks and photos were published in press

Why missing person’s case is lingering so long

Whether DG, National Crisis Management, Sec, Ministry of interior, DG of ISI, MI and IB are above the law, not a single one is punished

State terrorism is being conducted openly, courts have no powers to ask government, and thousand of peoples have been killed, abducted and tortured by use of force.

6000-7000 students of Jamia Hafsa have been murdered, abducted, dead bodies disappeared, and thousand are missing. Butchers are being transferred, evidence are being omitted, some are promoted or under promotion, but Courts have no sympathy with victims and orphans. This matter which required top priority was handled with half heartedly.

Commissioner and IG Islamabad have been transferred, DG Rangers is retired, DG ISI and Corpse Commander Rawalpindi is looking for next promotion, why courts delayed in registration of FIR against bloody wolf, who is looking for reelection as president.

Saudi Government and Pakistani Government servants openly conducted contempt of courts, why courts are making joke of their own decision?

Ch: Shujaat Hussain and Sher Afgan Niazi openly threatened courts and denied decisions of courts, courts did not punish any one.

Above are only some examples which have direct impact on integrity of courts, if courts failed to protect their decisions, and some corrupt politicians and media persons will keep bullying and threatening courts then restoration of justice will be buried once for all.

Conclusion:

It is therefore necessary to take decision against those government servants who are openly denying orders of Courts, politicians who are issuing threats, spreading harassing stories against judiciary to achieve required results, media trial of Judges by writing “Judicial Activism”, “confrontational decisions” or writing negative reports and columns with the backing of government, is a kind of slow poisoning against judiciary by making environment to reduce powers of courts.

Please act on the policy of now and never, as circumstances are telling that all has been set to bury judiciary for ever from the scene. Future Hosni Mubarik or Pinochet will try hard to remove last hurdle. Appointment of political Generals is a clear cut indication that how for those sycophants could go in obsequiousness.

Integrity and credibility of courts is in hand of judges and future of entire nation depends on their decisions. If courts will catch any culprit from the neck, bravery of all others will run away for ever. Corrupt peoples are working as pressure group to stop judges taking decisions independently.

International Professor

internationalprofessor@hotmail.com

Users' Comments (0)

Comment an article   Name   E-mail    Title  Notify me of follow-up comments Enter what you see:

No comment posted

< Prev		Next >