Quaid-e-Azam’s speech at a London meeting 14th December 1946,
“Democracy in Islam. Democracy is in blood of Musalmans, who look upon complete equality of man.”
Quaid-e-Azam said, on February 24, 1947:
“You have to stand guard over the development and maintenance of Islamic democracy. Islamic social justice and the equality of manhood in your own native soil. With faith, discipline, and selfless devotion to duty, there is nothing worthwhile that you cannot achieve.”
October 11, 1947: Address to Civil, Navel, Military, and Air-Force, Officers of Pakistan Government Karachi:
“We should have a state in which we could live and breathe as free man and which we could develop according to our own lights and culture and where principles of Islamic social justice could find free play.”
October 30, 1947: Speech at a Mammoth Rally at the University Stadium Lahore.
“That freedom can never be attained by a nation without suffering and sacrifice has been amply borne out by the recent tragic happenings in this subcontinent. We are in the midst of unparalleled difficulties and untold sufferings. We have been through dark days of apprehension and anguish; but I can say with confidence that with courage and self-reliance and by the Grace of God we shall emerge triumphant.”
Let us turn now to some of the worrying aspects of judiciary. Impartial judiciary is the backbone for good governance. There must be rule of law in the country. Decisions should be made according to rules regulations and then implement firmly. Most important functions of law and legal procedures are to institute general rules that all people are predictable to believe and follow the consequences. Thus law, by its very nature, is an equalizing force in society if it is imposed fairly. When we evaluate the history we can see many examples in history of those wonderful empires that do not have independent judiciary were wiped out from the map of the world.
Here I mention the Quaid-e-Azam’s quote, and then we analyze the different phases of governments in Pakistan.
“We should have a state in which we could live and breathe as free men, and which we could develop according to our own lights and culture and where principles of Islamic social justice could find free play.”
“With faith, discipline, and selfless devotion to duty, there is nothing worthwhile that you cannot achieve.”
“You have to stand guard over the development and maintenance, of Islamic democracy.”
Islamic social justice and the equality of manhood in your own native soil.
A number of democratic institutions like the judiciary and the press, at the present seen to have really come of age. It is to be predictable that these institutions would provide the required checks and balances in the developing democratic system of Pakistan.
Pakistan has a practice of accusing defeated opponents of corruption and illegal behavior by means of measures which have come to be referred to as responsibility. The public and representative officers passed in January 1949, were used to prohibit selected individuals from public office in the early years of Pakistan. After the imposition of martial law in 1958, Ayub Khan disseminates an Elective Disqualification Order (EBDO) in 1959. There is nix protecting to the existence as well as possessions of the general voter. Rule of law is the essence of freedom and prosperity for the people and the nation.
Let us see the Zulfiqar Ali Bhutto’s time in 1977, he enacted similar acts. We can see the corruption rose to superior levels. The hither to untarnished place of edification and postal recruits as well connected in. Zulfiqar Ali Bhutto took on all comers and focused them to put forward. Then he made the fatal mistake of taking on the USA. The inevitable happened army supported by all opposition political parties and foreign interests overthrew him. Zulfiqar Ali Bhutto was imprisoned and finally hanged after palpably asymmetrical court proceedings.
General Pervez Musharraf took over the reins of power. Pervez Musharraf has faced the worsening economic situation, domestic instability and international isolation. He kept violating the constitutional provisions, for instance he dissolved the senate. He eased out the President and swore himself as the President under the PCO. On August 2002, General Pervez Musharraf carried out amendments to the 1973 constitution. It is called the LFO-Legal Framework Order. The NSC to be headed by the President and the other members would be the Joint Chiefs of Staff and the three service chiefs. On the civilian side it would have the prime minister, the chief minister, of the four/five provinces, the leader of the opposition in the national assembly and the leader of the Senate. President Pervez Musharraf procures a strange but not unparalleled step by having him re-elected on October 6, 2007, by the Parliamentary elections prior. But he undoubtedly was not enthusiastic to take this peril. Pervez Musharraf won the majority of the Electoral College Votes. Pervez Musharraf win however did not definitively guarantee his reelection as President because the Supreme Court accepted a petition challenging the legality of his contesting while unmoving organism chief of Army Staff. In reply Pervez Musharraf agrees to take off his uniform if the court decided in his favor. The Supreme Court declared that it would announce its decision on November 6, but the more and more irritated general uncertain of the independent judge’s decision clamped emergency rule on the country on November 3, and suspended the constitution. The independent judges including Iftikhar Chudhary were sending home and put order house arrest. It also contained a long charge sheet against the judiciary.
Eighteenth Amendment to the Constitution passed by present government. Notwithstanding all the prognoses of many a distrustful anticipated intentions of President Asif Ali Zardari or Nawaz Sharif, sabotaged the bill, but while the supporters celebrating the return of the Constitution to its unique strength and form not the entire controversies adjoining it have died down and new one are emerging by the day. Numerous viewers were disagreeing over the measures for senior judicial appointments. Since the reinstate of judiciary we can see the tussle between government and judiciary. On the issue of NRO, and fake degrees holder and corruption our top leadership protect the other corrupt, NRO benefices. Present government top listed then previous governments but our superior courts/ judiciary failed made any bold step against corruption holders and NRO benefices. Present government not make the grade of tax collection to the richest or feudalist / politicians etc. Poor citizens only suffer all kinds of hardships.
In sum, our leaders, politicians, and Judges, should strengthen Constitutional Institution and preside over truthfulness and honesty which is absent now days and must make sure no one is above law.
Horse trading is unbridled and loyalties of the members of Parliament and Provisional Assemblies implicitly bought and sold.
Extensive corruption in subordinate courts and in the superior courts has farther undermined the confidence of the people in the judicial process.
The rich people influence and they perceive to be an instrument.
Culminate on courts decisions create the disaffection in the political system.
Government in rule have been destabilize through intrigue and conspiracies.
False criminal cases registered against the other or opposite party workers.
Lastly now people want see the bold and fair decisions of Supreme Court. Our judiciary failed to deliver justice to common poor people. Our Judges and Lawyers not learn from history and not learn from present corrupt leaders and politicians etc, and follow the false corrupt policies like delay and deny. Like the dishonest politicians our judiciary also not able to deliver justice. Peoples jointly struggled and lastly succeeded to restore the judiciary but now judiciary failed and Pakistani Nation again disenchanted and wants immense positive good change in all levels.
Today people are very sensitive about the judiciary issue the ongoing tussle between executive and judiciary now shift to the floor of the National Assembly. The people aggressive on present government policy and against all the acts to sabotage the rights and independence of Pakistani common people. The present role of judiciary difficult to be categorized as good or bad mainly depend at times interconnected variables in the general public safety.