A judicial week | Pakistan Today

A judicial week

  • Sanctity of the courts must be preserved

It has been another busy week for the judiciary. From Nehal Hashmi’s conviction to back to back Suo Motu actions, the Lordships spent a closely huddled week, finally letting go of the restraint they had been showing towards their critics. In a yet another artistic piece of writing, Justice Asif Saeed Khosa penned down the jail term for the rebellious senator.

Putting their foot down on the ongoing tirade by the N-league against the judiciary, the Apex Court rendered one of its unorthodox verdicts wherein the naked threats hurled by the disgraced senator, in an attempt to please his masters, were shunned away with a mere few sentences of articulate writing. “It, however, appears that he and those he wanted to obey or please are poor judges of men”. These words of Justice Khosa have an important bearing on the prevalent scenario of the country. Despite a continuous diatribe on a daily basis, the threats and humiliation flipped towards the judges remain inconsequential for the robed gentlemen. On the contrary Nehal Hashmi should serve as an answer on behalf of the Lordships for all those seeking to please their masters in such a manner. “He is a firebrand speaker and the tone, the pitch and the delivery of the offending words bear an ample testimony to that but unfortunately on that day he had spewed fire towards a wrong direction”.

Along with these strides, the CJP should also focus on unveiling a judicial system capable of dispensing justice at a faster pace

The notices issued to Talal Chaudhary and Daniyal Aziz are another illustration of the shifting stance of the judiciary. It needs to be understood that it is not Saqib Nisar or Asif Khosa fighting for their self-respect, no, both these gentlemen will be long gone from the corridors of the white marbled building. It is the sanctity and dignity of the Hon’ble Supreme Court of the Islamic Republic of Pakistan which these men are stepping up for. The contempt notices are not in response to a personal quest of ego but rather a greater cause to preserve the essential importance of the highest court of law. Such escapades by the chief justice at this particular moment are bold and commendable since they seek to preserve the sanctity of a noble and constitutionally formed institution.

Simultaneously, the N-leaguers continue to declare the decision of 28 July 2017 as null and void in their own system of law. The deposed former prime minister continues to malign the judiciary for their Panama decision, ousting him, and even defying the Supreme Court’s jurisdiction to give the verdict. Most lately the lions displayed a show of power in Peshawar on Sunday, where the dethroned king from Jati Umra once again challenged the superior judiciary’s authority and even went on to raise Talal Chaudhary and Daniyal Aziz’s hands in the air in an open declaration of defiance. Whilst undertaking the aforesaid act he even cautioned the judges to repent and fear the almighty. The lions roared loudly. Interestingly there are two instances when a lion roars, as per the knowledge gained from animal planet, one when the lion feels all powerful and strong, ready to strike at its target, and the second when someone steps on the lion’s tail causing an automatic roaring shriek.

It seems that the law has stepped upon the lions with its far reaching foot. The roars coming out are a result of the pain being felt. A pain being injected by the sharp needle of law. Mian sahib’s latest show of insubordination towards the judiciary cements the uneasiness being felt within Jati Umra. The coming days will seal their fate one way or the other.

Reverting to the quick disposal of justice and the Suo Motu actions by the judicial chieftain, they are indeed appreciated by the populist class. There, however, is a certain element of uncertainty which is detrimental to the judicial system at large. The murders of Asma and Zainab might reach their logical conclusions because of the thunderous roar of justice by the Apex Court but such actions, though quick to begin with, are not the desired outcome for a lasting system. A crime being prevented at the very outset is much better than a criminal act being committed and subsequently solved.

Along with these strides, the CJP should also focus on unveiling a judicial system capable of dispensing justice at a faster pace. Passing on the Baba Rehmat powers to his sub-ordinates would be a much better solution for the country in the times to come. The backlog of cases in different courts needs to be done away with at the earliest however not solely in the manner of the notices being taken directly by the Supreme Court. As they say justice delayed is justice denied similarly quick justice is often no justice at all too.

On a side note the Supreme Court has regained its full strength after Justice Mansoor Ali Shah came on board. With a record of an unquestionable level of integrity in his decisions, Justice Shah is going to be a worthy addition to the already on-fire judiciary. The Cambridge duo of Justice Khosa and Justice Shah remains one of the most competent and selfless to have donned the robes and with Shah’s elevation the future of our country, in terms of judicial independence, seems secure for now. Fearlessly, Justice Shah whilst serving as the Chief Justice of the Lahore High Court took on the government and all those retracting from the law by the horns. Without prejudice to anyone his empathy chimes well with his professionalism as he promotes young lawyers standing at the rostrum in their beginning days.

The days to come will further keep the judiciary in the news, often days at a time, let us only hope it is for a good and just cause. The sanctity of the courts must be preserved under all circumstances and the times to come will not tolerate any sort of dirt being spewed towards the judiciary.