Pakistan without Justice

Justice is essential to development

A society without justice can lead to widespread inequality, discontent, and a breakdown of social order. It’s crucial for a nation like Pakistan to have a robust justice system to ensure fairness, protect individual rights, and maintain stability. Political, economic, and judicial crises can pose significant challenges for any nation. Addressing these issues requires comprehensive efforts, including political stability, economic reforms, and strengthening the justice system to ensure fairness and accountability. Collaborative initiatives from government, civil society, and international partners may contribute to resolving these crises in Pakistan.

The idea of justice played a significant role in the creation of Pakistan in 1947. The movement for an independent Pakistan, led by the Quaid-e-Azam Muhammad Ali Jinnah and the All-India Muslim League, sought a separate nation where Muslims could live according to their religious and cultural values. The demand for a separate state was driven by a desire for justice, both political and social, for the Muslim-majority population in the Indian Subcontinent. The creation of Pakistan was intended to establish a society where Muslims could enjoy their rights and live in accordance with their beliefs.

Pakistan’s judicial system is a combination of civil, sharia, and customary law. The structure includes the Supreme Court at the apex, followed by High Courts in each province and lower courts. The judiciary plays a crucial role in interpreting and upholding the Constitution, and it includes all segments of life including secular and Islamic elements. So many times, the Judiciary and Bar claimed to show itself as an independent Judiciary but every time in political and judicial crises, our judicial system totally failed to protect the public for   some time from a dictator or sometime from hybrid intervention, as presently the nation is facing a bundle of crises without having any support from the judiciary, which has rather become a partner to those elements which are making a joke of democracy. The judiciary is solely responsible to protect the Constitution and public from these uncalled hybrid interventions, which have created a mysterious situation in Pakistan.

Needless to say the justice system serves as a crucial pillar for any society. It provides a framework for resolving disputes, upholding the rule of law, and ensuring fair treatment for all citizens. A strong and impartial justice system is essential for maintaining social order and fostering trust within a community, whereas in our society the judicial system was not a top priority of our rulers and now the judicial system has fully collapsed, leading to widespread disappointment and insecurity in the general public.

The capacity building with harmony and support of an IT-dominated system to improve the justice system is essential for the well-being of any society. If Pakistan’s justice system faces challenges in global rankings, it underscores the need for reforms to enhance its efficiency, fairness, and accessibility. Addressing these issues can contribute to building a stronger foundation for the rule of law and societal harmony. This is high time for our leadership to realize the need for justice, as we can’t end poverty and backwardness without making a revolutionary step in our judicial system.

Apart from that, Pakistan is an Islamic Republic in which instant and inexpensive justice is essential, and the foundation of the basic welfare of a common man who deserves to avail every opportunity for the well-being of his family. The majority of our young graduates who are frustrated by this system, have no other option except to migrate to other countries which provide social and economic justice to everybody including foreigners.

A robust judicial system is fundamental for the proper functioning and prosperity of a state. It provides the framework for resolving disputes, upholding the rule of law, and ensuring justice for all citizens. A well-functioning judiciary contributes to stability, attracts investments, and fosters an environment where individuals and businesses can thrive with confidence in the legal system. 

Justice is intricately linked to prosperity. A just society fosters an environment where individuals and communities can thrive without fear of discrimination or injustice. A fair legal system, protection of property rights, and equal opportunities contribute to economic growth and social harmony. When justice prevails, it provides a foundation for stability, trust, and the overall well-being of a nation, paving the way for prosperity on various levels.

The interconnection between political and judicial crises can exacerbate challenges within a nation. A harmonious relationship between these two spheres is vital for upholding the rule of law. Efforts to address political crises should also consider reinforcing the independence and effectiveness of the judicial system to ensure fair and impartial resolution of legal matters.

Recognition of the interconnectedness between government institutions and the judicial system is crucial for addressing societal challenges. If there’s a perceived failure in understanding this situation in Pakistan, it underscores the need for collaborative efforts to strengthen both political and judicial institutions, fostering a more effective and accountable governance framework.

Nepotism and widespread corruption can indeed undermine the integrity and effectiveness of a judicial system. Addressing these issues requires comprehensive anti-corruption measures, transparency, and reforms aimed at promoting meritocracy. Strengthening the rule of law is essential to restore public trust and ensure a fair and impartial judicial process.

The beauty of a justice system lies in its ability to provide fairness, equality, and protection of individual rights. It serves as a pillar of societal order, ensuring that legal processes are transparent, accessible, and accountable. A just system strives to resolve conflicts impartially, upholding the rule of law and fostering trust in the legal framework. Ultimately, the beauty of a justice system lies in its capacity to safeguard justice for all members of society.

It is a settled principle in the modern state, particularly under the heavy wave of social media which is used to expose everything, to realize that prosperity and progress is hidden in justice and without having an instant and strong judicial system the country will not be move forward as an advanced country. A robust judicial system is fundamental for the proper functioning and prosperity of a state. It provides the framework for resolving disputes, upholding the rule of law, and ensuring justice for all citizens. A well-functioning judiciary contributes to stability, attracts investments, and fosters an environment where individuals and businesses can thrive with confidence in the legal system.

Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Must Read

South Korea’s Yoon survives martial law impeachment move after his party...

SEOUL: Korean President Yoon Suk Yeol survived an impeachment motion in the opposition-led parliament on Saturday that was prompted by his short-lived attempt to impose martial...