KARACHI, March 15: Speakers at a public dialogue titled ‘Evolution of the Judicial System in Pakistan’ said on Tuesday that rulers had always used powers for their personal gain and tried to use the judiciary to further their own interests even at the cost of the country’s integrity.
The dialogue was organized by the Pakistan Press Foundation at the Vicky Zeitlin Media Library. Justice (retd) Wajihuddin Ahmed, Nihal Hashmi Advocate and Shaukat Hayat Advocate spoke on the occasion.
Wajihuddin Ahmed said the idea that led to the creation of Pakistan could not be enforced in our country and the institutions established by the British were also not properly maintained. He said that due to the injustices the people were remembering wistfully the era of the British rule.
He said Quaid-i-Azam Muhammad Ali Jinnah was a dedicated leader and wanted to form a constitution for the country but could not find time to do so. He said that Liaquat Ali Khan also played a very dynamic role but he was assassinated. He threw light on the country’s economic conditions, explained the agenda of Pakistan’s enemies, the prevailing political situation in the country, the role of the executive, judiciary and legislature and people’s responsibilities. He said there were still some judges who had not taken the oath of their offices under the constitution and instead had taken it under the LFO.
About the suspension of Chief Justice of Pakistan Iftikhar Mohammad Chaudhery, he said the manner and mode adopted for his removal was extremely uncivilised and illegal, adding that it sent a very negative massage to our enemies and would lay a very bad impact on us in the long run. He said the judiciary was a very sensitive segment and the judges should not be dealt with in such a disgraceful manner.
“Iftikhar Mohammad Chaudhery was not only called to the Army House, but on his return from the meeting with Musharraf the CJP was not provided with protocol and his entry into the Supreme Court building was also banned. He was deprived of the television set, telephones, all of the three cars under his use, and even of newspapers,” said the former justice. He said the CJP’s walking to the Supreme Court was meant to show the nation that he was deprived of all kind of transport.
The former justice said three of the four doors of the CJP’s house were locked by the law enforcement agencies and only one door was open that too was under police surveillance, saying that it was ample proof of his house arrest. He said that in our country the feudals were playing the main game and trying to crush the poor, depriving them of basic needs, education, health facilities, shelter and food.
Shaukat Hayat Advocate said that after the creation of the country the English trained bureaucracy had strengthened its hold on the institutions, and priorities for the country’s future could not be set on time. He also criticized the role of the ‘uniformed’ bureaucracy and said that every ruler, including Gen Ziaul Haq, established parallel judiciary in his era. Referring to the constitution, he said the judiciary should be fully independent, but it was not so in our country.
Commenting on the lawyers’ protest, he said it was a natural reaction against what he described a wrong decision against the CJP.
He said a judge could be suspended only on the basis of incapability or misconduct.
Nihal Hashmi Advocate said the role of all the three pillars of state — the judiciary, the executive and the legislature — never remained exemplary since 1953 and could not play the role they should. He also spoke about the role of non-elected governments, importance of strong democratic institutions and the role of lawyers.
Muqtida Mansur, editorial coordinator of the PPF, was moderator on the occasion.
































