THE POWER OF JUDICIARY

This is a great article. A game with no rules. Cyril Almeida, in a Dawn editorial, looks into the future a year from now, and sees that "it's happening again." (no surprises there)

Have you been following the recent politics of Pakistan? It sets a new benchmark in politicking every time you'd say. India is a close relation, picking up its pace. Playing dirty is the birthright of politics. Roles are reversed ever so often that it is hard to keep pace with the high drama that goes on and on. The avenger becomes the avengee (is that a word?) in no time, the martyr, one discovers to one's horror, is actually the villain of the piece - and somewhere the ordinary man, a third grade artist (lured into joining bandwagon with a free meal) waits for the moment for the camera to pan on him.

Now I am not much into politics except the ones I have seen in the domestic arenas and workplace (now a staple diet courtesy the K tele series) and so I cannot comment on the future of Pakistan or its judiciary system or how all this will affect us without some serious research. This is a letter from my one and only lawyer friend who has a take on the present scenario. Interesting I thought and so I am sharing it with you.

When Nawaz Sharif was Prime Minister he got the then sitting Chief Justice removed by organizing a demonstration in Supreme Court and allowing a bench (not constituted by Chief Justice as required by law )to hold the then Chief Justice guilty and then removing him. Ironically he is now talking of independence of Judiciary. People have short memories. In 1969 when Banks were nationalized Indira Gandhi said, “People cannot wait for progress." In 1976, during emergency, she said,’ Progress cannot come over night; you have to wait for it." Short memory everywhere.

THE POWER OF JUDICIARY HAS HOWEVER A HISTORY THAT CAN BE OBSERVED ACROSS THE BOARD - HERE'S MORE FROM H L CHIBBER

The then Chief Justice of Pakistan was removed in 1997. If I remember correctly his name was Justice Wazid Ali. Independent judiciary is not suitable for those who wish to rule with absolute power. Zulfikar Ali Bhutto, when he was in power, arrested one journalist who approached the court to challenge his arrest. Bhutto set him free but told him before release to be careful and that "...courts do not fall in my itinerary." Ironically, Bhutto himself was expecting relief from judiciary when he was awarded the death punishment. The four persons who went against him, stating that they had killed Nawab Kasuri on Bhutto’sorders, were promised to be pardoned. However, their mercy petitions were rejected after hanging Z.A.Bhutto and they were also hanged.

During emergency Justice A.N.Ray was approached to take over as Chief Justice even though he was not the senior most. "How can I supersede my brother judges?”, he had reportedly asked the emissary. He was told that some other junior would take over in that case. So he took over as Chief Justice.

Now our judiciary is a little more active than what it is supposed to be. Sometimes, one has no option but to bow before the powerful. Shahjahan saw Mumtaz Mahal when he had already got two wives. He learnt that Mumtaz Mahal was already married to a General of the Army. I am forgetting the name but probably, some Sher Khan. Shahjahan called him and asked him to divorce Mumtaz Mahal. He refused and was arrested. He asked Mumtaz Mahal to divorce the husband (Kula Talaq) and marry the King otherwise her husband would be killed.

She refused and her husband was killed. He then told her to lead the life of a widow or accept to be the queen of India. She bowed before his wishes and bore him 13 children. At the time of birth of 14th child she died and Taj Mahal was constructed where her body was later burried after shifting her dead body from original grave.

In England Henry VIII wanted to divorce his queen to marry Anne but the Church was not agreeable. On the suggestion of Anne the King separated the Church of England from the jurisdiction of Pope and himself became the Head of the Church of England.

They came to be known as Protestants. The divorce was granted as the Queen was not able to give him a legal heir. Later he (Henry VIII) suspected his wife Anne of adultery and incest ;(the real reason was that she had produced a girl and the second child had been aborted). The pliable court and jury (which included Anne's father's brother) held her guilty and she was executed.

Later her daughter Elizabeth became the Queen and ruled for 45 years.
So it is nothing new that the powerful mostly have their way in judicial or personal matters.