Judiciary is the most important organ of a government. Judiciary plays very significant role in a state. To provide the justice, judges make sensible decisions after carefully considering the best thing to do. It performs the function of settlement of disputes, interpretation of law, protection of rights. It is usually said that there is no better test for the excellence of a government than the efficiency of its judicial system. An independent judiciary is necessary for securing an unbiased trial of the accused. It protects the rights and liberties of the individuals. Independence of judiciary is essential for the protection of the constitution and the law of the land against encroachment by the government or the citizens.
Since the inception of Pakistan, Judicial system remained in doldrums. It could not enjoy the privilege of independence and impartiality. Political history of Pakistan is full of different kinds of twists. Military intervened in politics for a number of times and Judiciary gave the legal cover to the coups of military dictators under the guise of Doctrine of Necessity. Many times executive organ of the government i.e. President used the sword of 58(2)b to cut the neck of legislature.
On March 09, 2007, two organs of the government, the executive and the judiciary came in the direct confrontation. President terminated the services of the Chief Justice of Pakistan (CJP) and referred the case to the Supreme Judicial Council. Right after that decision whole civil society, lawyers’ community with the support of media poured into the streets and agitated against the suspension of the CJP. After a long struggle, CJP was reinstated on July 20, 2007. On November 03, 2007, when the full bench of the Supreme Court of Pakistan was about to disqualify the candidature of Pervez Musharraf for the election of President of Pakistan, he proclaimed emergency in the country. And a Provisional Constitutional Order (PCO) was introduced for the fresh oath of the judges of the Supreme Court of Pakistan and High Courts of all four provinces. Once again the Chief Justice of Pakistan, Iftikhar Choudhry was told that, ‘his services were no more required to the Government of Pakistan’. All the judges who refused to take oath under PCO were deposed and a new judicial setup was introduced.
This whole episode was played on the political stage rather than legal stage. From the termination of CJP till the proclamation of emergency and so on, each and every step was politically prejudiced and have no solid legal ground. A judge of the court of justice is the person who has its own world. He has nothing to do with the day to day affairs of the town, due to the status of impartiality. A judge speaks through his judgment and does not lead movements. This time judges of the Supreme Court and the high court became the national heroes and came on the road leading public rally that is against the prestige of their status. This judicial issue was cashed by the political parties of Pakistan during the general elections of 2008. Pakistan Muslim League (N) secured the votes in the name of restoration of judiciary. All the political parties played very active role in the struggle for the restoration of judiciary. The way in which deposed judges agitated against the decision of president is not suitable to the decorum of their prestigious office. It will be the acid test of the politicized Justices how they would be able to do justice on the basis of impartiality because they have taken support from the political parties. These parties will expect the favor in different cases. So, the real and urgent need of the time is not only the restoration of the judiciary but also the independence of judiciary. Independent judiciary is the key to the good governance. If judicial system will be free from the pressures it will follow the principle of the Rule of Law, according to which all human beings are considered equal in the eyes of the law. No one will be favored and no one will be victimized.
Since the inception of Pakistan, Judicial system remained in doldrums. It could not enjoy the privilege of independence and impartiality. Political history of Pakistan is full of different kinds of twists. Military intervened in politics for a number of times and Judiciary gave the legal cover to the coups of military dictators under the guise of Doctrine of Necessity. Many times executive organ of the government i.e. President used the sword of 58(2)b to cut the neck of legislature.
On March 09, 2007, two organs of the government, the executive and the judiciary came in the direct confrontation. President terminated the services of the Chief Justice of Pakistan (CJP) and referred the case to the Supreme Judicial Council. Right after that decision whole civil society, lawyers’ community with the support of media poured into the streets and agitated against the suspension of the CJP. After a long struggle, CJP was reinstated on July 20, 2007. On November 03, 2007, when the full bench of the Supreme Court of Pakistan was about to disqualify the candidature of Pervez Musharraf for the election of President of Pakistan, he proclaimed emergency in the country. And a Provisional Constitutional Order (PCO) was introduced for the fresh oath of the judges of the Supreme Court of Pakistan and High Courts of all four provinces. Once again the Chief Justice of Pakistan, Iftikhar Choudhry was told that, ‘his services were no more required to the Government of Pakistan’. All the judges who refused to take oath under PCO were deposed and a new judicial setup was introduced.
This whole episode was played on the political stage rather than legal stage. From the termination of CJP till the proclamation of emergency and so on, each and every step was politically prejudiced and have no solid legal ground. A judge of the court of justice is the person who has its own world. He has nothing to do with the day to day affairs of the town, due to the status of impartiality. A judge speaks through his judgment and does not lead movements. This time judges of the Supreme Court and the high court became the national heroes and came on the road leading public rally that is against the prestige of their status. This judicial issue was cashed by the political parties of Pakistan during the general elections of 2008. Pakistan Muslim League (N) secured the votes in the name of restoration of judiciary. All the political parties played very active role in the struggle for the restoration of judiciary. The way in which deposed judges agitated against the decision of president is not suitable to the decorum of their prestigious office. It will be the acid test of the politicized Justices how they would be able to do justice on the basis of impartiality because they have taken support from the political parties. These parties will expect the favor in different cases. So, the real and urgent need of the time is not only the restoration of the judiciary but also the independence of judiciary. Independent judiciary is the key to the good governance. If judicial system will be free from the pressures it will follow the principle of the Rule of Law, according to which all human beings are considered equal in the eyes of the law. No one will be favored and no one will be victimized.
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