Politicians should refrain from naming and shaming Judiciary


Most judges think for Pakistan but some” black sheep” help Imran, this is the statement from Prime Minister of Pakistan showing hatred against most popular leader of the country is simply not understandable in a democratic country. Judges decide cases on merits as we have witnessed in the past Prime Ministers being removed without any distinction. Since the existence of Pakistan, perhaps Imran is the only Prime Minister who is facing over 200 cases after being removed, more of a joke of country laws. It is just state of mind, dictatorial approach by the rulers who never learn any lesson from the past history and repeat the same mistakes with impunity. This statement must have hurt judiciary and the honorable judges. it is clear cut case of contempt of court. Since judges are alleged to be under pressure therefore these remarks shall dissipate in the air. Surprisingly the Attorney General says that present judges not called ‘Black Sheep’ would he like to name the judges who according to Prime Minister fall in the category of Black Sheep. Notwithstanding, leaving aside this case no one can call any judge as Black Sheep. Another statement by advocate for state says Judiciary cannot interfere in powers of parliament. It is partially true but he forgot that any law which is in conflict with the basic fundamentals of the constitution can be struck down by the judiciary, because final authority of interpreting Constitution lies with the Supreme Court. Unfortunately, all political parties want judges of their own choice and any honorable judge who gives decision against them probably shall fall in the category of Black Sheep. PML N has chequered history of attacking Supreme Court where Chief Justice Sajjad Ali Shah had to run from the court to save his life. Likewise, PPP’s record is also not that good, when sitting District & Session Judge Sanghar was arrested from the court while granting bail to accused belonging to PML F. Politicians systematically destroyed all the institutions by appointing their own people and used them at the appropriate time. In the past and lately many audio leaks have surfaced of politicians and judges and available on the internet. In the past even audio cassettes were made available in the open market, nation still remembers cassette of Justice Qayoom who later had to resign. We continue to disregard court decisions and under no circumstances accept any decision which is not in favor. If judges provide relief to opposition it is not acceptable to government and judges have to face uncalled for remarks and criticism, but now they shall fall in the category of “black sheep”. No, they are not black sheep they do justice because everyone is equal before law. Let me recall 27 October 2019 when while hearing petition of Nawaz Sharif addressing the interior secretary Chief Justice Minallah said “You have half an hour to ask the NAB Chairman whether he will oppose the judgement or submit an affidavit (declaring he has no objections)”. Once the court hearing resumed after a brief recess the chief justice made clear the fact that “if the government will oppose the request for bail then [the court] will dismiss the request” However if something happens to Nawaz Sharif in this time, the onus will be on the NAB and the government. Knowing well that death and life lies with the Allah Almighty but the government accepted the orders and never uttered a word against the honorable CJ . Lately we have seen some honorable judges have picked up courage and under most difficult conditions have delivered judgements at the risk of their lives. We salute them for their courage. The way PML N chief was accorded VIP protocol on his return from London is not covered under any law, it was judiciary that allowed to happen, opposition never uttered a word against judges. Anyone has the right to criticize the judges and their judgements but no one has right to call them Black sheep. Decision against Shaheed Bhutto was termed as judicial murder but no one uttered a derogatory word against any judge. It is also true that judiciary gave decisions under pressure violating constitutional provisions and legitimized takeovers under law of necessity. But now things have changed, due credit must be given to present judiciary that they are now protecting democracy and providing justice under most difficult circumstances. They have to be careful while giving remarks, in most of the cases their words foretell the expected decisions, hence they face criticism. They must revert back to old customs where the judges would speak through their judgements and their silence in the court remained golden rule in administering the justice. CJ Bundial while sitting in the court when saw Imran Khan said “Good to see you” faced unprecedented criticism, though it was good gesture but that reflected his state of mind. The courts that used to be the last hope of poor people, their confidence has been shaken and to get justice is becoming difficult and expensive. Cases requiring two to three hearings take many years to decide. Delay is done deliberately. Take the case of election petitions these should be decided in 10 days but takes years in the meantime the plaintiff suffers and the defendant completes his term of 5 years, likewise stay orders are temporary relief but takes years to vacate whereas these should be vacated within 30 days. Let all the institutions work with in their own domain as spelled out in the Constitution of Pakistan. Time to forget personal differences and get united to defeat the designs of enemies who are all out to destabilize our country, in any case it is the judiciary that has to play its neutral and lasting role in upholding the constitution that should be visible through their judgements alone.