“The judiciary is under siege,” Maulana Fazal-ur-Rehman, President of the ruling Pakistan Democratic Movement roared outside the Supreme Court of Pakistan on May 15, warning the judges to stay neutral. The term ‘Ladla’ is being used for Imran Khan, the most popular political leader who is a threat to the decades-old corrupt leadership that has ruined the country.
Being the party in power with Rana Sanaullah as its Interior Minister, the Islamabad High Court came under attack on May 9, when around 100 Rangers violated the judicial sanctity to abduct IK who had come there for hearing of his bail plea in one of the 200 cases registered against him.
Nawaz Sharif and his party, the Pakistan Muslim League (Nawaz), has an unpleasant track record with the highest court of the land. On 30 November 1997 the party goons attacked SCP. The judges had to flee from their courtrooms to save their lives. Later a conspiracy was hatched to get rid of the sitting Chief Justice of Pakistan, Mr Justice Sajjad Ali Shah. Brother Judge Mr Justice Rafiq Tarar, who led the inner revolt, was later rewarded with the position of President of Pakistan. Mr Justice Ajmal Mian was appointed the new CJP. Nawza prevailed over the judiciary. He then went after the President and finally the Army Chief. While sponsored tours are conducted of the ransacked Jinnah House, the devastation at the IHC by the charging men in uniform is not shown on the electronic media. The people of Pakistan support their national institutions which include the armed forces and the judiciary.
The ‘Sharif’ have a track record of institution bashing. Nawaz was launched by the Zia-led establishment to neutralize the popularity of Bhutto’s party and the democratic gains under the Constitution. During this period most civilian institutions were weakened. NESPAK (National Engineering Services of Pakistan) was spared as equivalent professional expertise did not exist in the country.
With the judicial murder of Bhutto the judiciary lost its credibility. The armed forces protected and expanded their domain while other vital organs of the state were allowed to collapse. When the country came under the fourth Martial Law several senior judges, including the CJP, refused to take oath thus they were sent home by the usurper. When Musharraf tried to arbitrarily get rid of his own appointed CJP, the Lawyers Movement started in March 2007. It was called the Movement for Rule of Law. The civil society also came on the streets which led to the weakening of power of the dictator and ultimately his exit together with the restoration of Mr Justice Iftikhar Chaudhry as CJP. The judiciary not only gained independence it also restored its credibility, at times even overstepping its domain.
The institutional collapse that Pakistan faces today is mind boggling. There was a time when institutional heads stood up for their institutions quite like forces chiefs. In the 1965 Presidential elections Ayub Khan wanted to organize a Jalsa in the University grounds near Chauburji. Prof Hamid Ahmed Khan, the Vice Chancellor, asked for a security deposit of Rs 400,000, the amount spent on preparing the cricket pitch in the ground. The dictator was very angry with the defiance of the VC and denied him extension in service. When the student protests started after the 1965 war Police entered the University premises without permission. Prof U. Karamat, the VC, tendered his resignation in protest. When Justice M. R. Kiani was the Chief Justice of the Lahore High Court, a teargas shell landed inside the premises of the court. The IGP was asked to appear in the court for contempt proceedings against him. He was let go after a written apology.
Inaction leads to anarchy, the Gullu Butts then take over which can lead to lethal and disastrous consquences. Now that the judiciary has decided to side with the Constitution, the people of Pakistan solidly stand behind it. ‘Qadam Barhao Munsifo‘ (Doers of Justice, Advance), a new dawn of freedom is on the horizon. Together we shall prevail.
When the SC was attacked by PML-N goons in 1997, Chaudhry Shujaat Hussain was the long serving Interior Minister. No one stopped the protestors from entering the premises of the highest court of the country. After it was over, no one was punished.
Only two leaders of the party were crucified. Comrade Tariq Aziz and Olympian Akhtar Rasool had to pay a price for this misadventure. Their political careers ended. I had the chance to talk to both of them. They were duped and kept in the dark till the last moment. When they led the protesters outside the gates of the court, the hit squad came into action and raided the building. A similar action was witnessed outside the Jinnah House on May 9.
The attack caused a major upheaval in the court. In the attack on the Islamabad High Court on May 9, when the Rangers entered the court premises the Interior Minister was Rana Sanaullah. When Maulana Fazal-Ur-Rehman broke through the barriers of the Red Zone to reach outside the gate of the SC, Rana Sahib did not invoke Article 245 to call in the Army to protect the judges. In 2014 during the PTI Dharna, the then Interior Minister Chaudhry Nisar Ali Khan did call the Army for protection of vital state institutions on Constitution Avenue.
Vandalism in any form is condemnable, be it the Army Installations or the Courts of Law. So far no action has been taken against the siege of the courts where people go to seek justice. The courts are the custodians of the Constitution and the enshrined human rights. I urge the Chief Justice of Islamabad High Court to call the DG Rangers and Chairman NAB for breach of the sanctity of the court.
The CJP is also curious to know why the protesters came to the gates of the court to make loud speeches to be heard inside. The PDM President and the Interior Minister must be summoned by the court to be heard for possible redressal of their grievances. Instead of Street and Media trials perhaps the courts provide a better forum to resolve and address the injustices and gross violations of the rule of law that the nation finds itself engulfed with today.
Inaction leads to anarchy, the Gullu Butts then take over which can lead to lethal and disastrous consquences. Now that the judiciary has decided to side with the Constitution, the people of Pakistan solidly stand behind it. ‘Qadam Barhao Munsifo‘ (Doers of Justice, Advance), a new dawn of freedom is on the horizon. Together we shall prevail.
