Thursday, August 1, 2013

Judicial decisions and their Political fallouts; Controversies and Chaos

The most unfortunate reality which Pakistanis have been facing since the creation of homeland is ever-restructuring and under-developed institutions of Pakistan. These Institutions have not reached maturity and have failed to provide sense of security to people at large. This delay is resuscitation by the national institutions not only have weakened the institutions themselves but also made democratic system fragile.

As we have already deduced from the experiments of last six decades that Institutions, well structured and conscious of their power and limits, can ensure stability and progress of homeland.

The recent events in Pakistan's history has set the new course for Pakistan and helped to revive political and judicial systems in a new dimension. These events have become pretext of re-structuring of the institutions, marking new boundaries for itself and struggle to confine others.

The problem has arrived because of this new power and the temptation to exercise it without any objection by others. This has become the very reason for the rift between the different organs of the state.

 Military in the past had exercised this power to it’s will and now judiciary seems to be in mood to have taste of it, by perhaps intentionally ignoring the consequences military had to face. Judiciary in last few years has made decisions of great significance which has and will continue to have tremendous impact on Pakistan. Most of the decisions were judicially appropriate but the way they were handled and then followed up raised few questions.

The first example was how the cases of same nature of Yousaf Raza Gillani and Raja Parvez Ashraf were handled. The Supreme Court which by her stature and status is bound to be impartial gave impression of partiality.

The second example was of Air Marshall Asghar khan case. First it took some time for Supreme Court to take up the case, which made general public anxious, later doubts were allayed by the appropriate decision by the Court. But people again were disgruntled when there was no follow-up on this case by Supreme Court. It really would have affected mental position of Imran khan if not public.

The third example was Tahir-ul-Qadri episode. Supreme Court judges, some consider, humiliated Tahir-ul-Qadri and bench had already made decision before actually listening to Tahir-ul-Qadri's view point.

Fourth example was how Supreme Court intervened in Presidential elections disgruntling major political parties, giving rise to the adverse sentiments for Supreme Court. Once again most of the political parties were reasonably vocal against intervention of Supreme Court with addendum of Imran khan to the limerick.

The fifth example was of course the contempt notice to Imran khan, giving rise to questions like why Imran khan was singled out when Aitzaz and others were singing the same song? Imran khan in comparison to Faisal Raza Abidi was polite as one could be.

These all events have led to new ambiguous and murky political scenario making Supreme Court controversial, when by her stature and status it cannot afford to be controversial for greater National Interests. Supreme Court can function well only when it is able to refrain herself from all controversies and only then it will be able to take unbiased decisions acceptable to the Nation without question.


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