The Maverick Judges of Pakistan

March 15, 2007

I hope that I am not violating the advice of honourable Supreme Judicial Council of Pakistan – whether SJC is constitutional or not, it’s a separate debate. 

A layman, a normal Pakistani (I have conciously refrained myself to use the term ‘General Pakistani’  to avoid another stir of debate) doesn’t have the right to comment on such sensitive issue, and particularly we should avoid brining holy-cow wearing khaki uniform in this matter – as these things are in the supreme national interest.

Anyhow, I have an habit of talking a bit too much about here & there, lets get to the point.

An old historical story with new characters,  everyone knows it by heart; BUT I don’t know why do I find in necessary to recall such things.  Our history is full of heroes in the likes of Tipu – but if there are Tipus then there are The Mirs (Jaffers & Sadiqs et alia).

In a short span of little over 6 decades, what has not been seen by the courts of Pakistan?

At times the artillery, the infantry, the armed corps & the SSGs brigades were deployed around the courts- The courts looked like military cantonments –

and also at times, the very same courts – in a very short history of democratic Pakistan have also seen politicians repeating the same act of their true masters.

In same honourable courts – we have seen Judges like Justice Anwaar & Justice Naseem bowing their head to the boots &  saying ‘Yes’ – thus providing new life to the military dictators. In same apex courts we have seen Judges like Justice Durrab Patel & Justice Saeed uz Zaman Siddiqui rebelling against the iron boots – saying ‘No’ – thus going home, but setting an example for the people to come – a recent example, perhaps a better one is being set by Mr. Justice Iftikhar Chaudhary.

Its the same since the beginning.

1954:

Governor Ghulam Muhammad dismisses the assembly & government of Chaudhary Mohammad Ali.

The courts of that time’s national Capital Karachi were brought under tight security  so that speaker Molvi Tameez-ud-Din doesn’t get a single chance to get into the court – thus challenging the decision.

But MT Khan not only succeeded in filing a writ but also won the case.

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