Justice is in the doldrums

Now or never

Earlier every citizen of Pakistan was seeking justice and there was absolutely no justice anywhere in Pakistan. Then a record-breaking incident took place, in which the judges of the Superior Court are seeking justice and showing their helplessness, which is still going on. Now another bridge of justice collapsed, that different amendments in the Constitution for enhancing retirement age of Superior Judiciary, and strength of Supreme Court judges is being increased whereas it is an outstanding issue of the Lahore High Court where about 23 judges are short since long but there seems no chance of their appointment. These are milestone incidents showing the credibility of our justice system as the government looks to stand nowhere.

The present depressive landscape of our judicial system is generating a chance to reform it to a real and effective  system of justice. If we miss this opportunity then in the next 20 years we have no other option except to follow the Justice Munir legacy although we are a Muslim State having atomic capability. For what?…for nothing as we are a poor country without having any stable political democratic system nor do we have any impressive judicial system

Back in 2007, the lawyers fraternity fought a big war of independence of judiciary and was very happy to say everywhere  that our judiciary was independent, although it was shamefully on the tail of international indexes, and was never discussed at any forum, neither in Parliament nor  in the Supreme Court. Now again the lawyers fraternity is on the roads, protesting and showing their poverty and helplessness.

Somebody may be thinking that lawyers and judges are just seeking justice but this is not an easy question to understand. It is the history of Pakistan from 1955 when our  first constitutional case of Moulvi Tameezuddin decided by the Federal Court ( now Supreme Court of Pakistan) created an unbeatable impact on Pakistan called Justice Munir legacy, which still continues to spread everywhere in Pakistan where the process of justice is in question. Even governments, whether political leaders or military dictators, whoever ruled Pakistan, never ever showed any interest or priority to make a big and powerful judiciary and judicial system.

The present scenario, endorsing the Justice Munir legacy, is in full swing, touching its peak, to say that neither your foreign policy is independent nor your judicial and political system. As a student of law, if I blame to government of Pakistan then it is easy to understand that our governments are too victims of foreign Interference through establishment so it is not a resolvable proposition. Similarly if I blame the Chief Justice of Pakistan as many times powerful Chief Justices took Suo Motu action to show artificially that Judiciary is independent, then again it is beyond our thoughts.

However if you go deep to understand the mystery chain then it is very simple to demonstrate that our establishment is playing everywhere to weaken our democracy, political system and our judiciary, although Pakistan is an atomic power, without any other system which relates to the welfare of the general public. So judges are seeking justice, lawyers are seeking justice, political leaders are seeking justice, even though justice is a rare phenomenon in Pakistan despite its being an Islamic country where a powerful justice system is inevitable and its backbone.

Don’t forget to mention the high ratio of corruption in Pakistan as our establishment and governments  continuously ignore this destructive termite which is  destroying the basic concept of Pakistan and teasing the poor public. Because of that we don’t need any external enemy as we are our own worst enemies.

It is famous quotation that you may run the system of kufr (un-islamic) system but you may not run a country without a just system, but surprisingly Pakistan is running without a powerful judicial system although it is an Islamic Republic, which has left a thousand questions unanswered while creating mystery.

The pursuit of justice is facing so many challenges in Pakistan issues such as high corruption, lethargic bureaucracy, process of delay and lack of resources can contribute to delay and frustrations in our legal system. It’s an ongoing effort to ensure fair and efficient justice for all citizens.

Justice is essential for the functioning of any society. It ensures fairness, equality, and accountability. Without justice, there can be no trust in institutions, and societal cohesion can be compromised. It’s a fundamental pillar that upholds the rule of law and protects the rights and freedoms of individuals.

Improving the judicial system is crucial for Pakistan’s development and stability. Efforts to enhance transparency, efficiency, and accessibility within the judiciary can strengthen the rule of law and promote trust in the legal system. By investing in judicial reform, the establishment can contribute to fostering a more just and equitable society.

The recent incident of judges seeking justice, in which Suo Moto Action taken by the Chief Justice of Pakistan is still pending adjudication and is proclaiming that the judges of the Islamabad High Court have no courage to issue notice to those who are creating obstacles in the way of justice or putting pressure on them to deny justice. In other words judges are confused to handle this matter. Judges of any High Court are fully empowered by the Constitution to issue contempt notices as similar incidents have happened in our history. It is the situation which describes which institution is more powerful and who is who under the constitution. The same is the position of our political leadership and now lawyers too are asking what is our judicial system and who is running this and why it continually failed to address our core issues and why Pakistan is sweeping vthe matter under the rug.

We should realize the importance of justice when we see injustice. We should realize the significance of our voice when we are silenced. So let us try a glorious struggle against injustice, poverty and corruption, let us open up our books of justice that are our most powerful weapons, justice is the only solution.

The present depressive landscape of our judicial system is generating a chance to reform it to a real and effective  system of justice. If we miss this opportunity then in the next 20 years we have no other option except to follow the Justice Munir legacy although we are a Muslim State having atomic capability. For what?…for nothing as we are a poor country without having any stable political democratic system nor do we have any impressive judicial 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.

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