Nazia Nazar
Sallust, Roman historian, one of the great Latin literary stylist and a great philosopher argued: “By union the smallest states thrive. By discord the greatest are destroyed.” Pakistan has all the ingredients like fertile land mass, four seasons, deep-sea ports and over and above all hard working people not only could make it thrive but also make it a great nation. However, it is imperative to take measures to build up confidence of the nation, strengthen our political system and institutions, develop a dynamic and sustainable growth, eradicate corruption, provide timely justice, enhance employment, undertake steps for population control, seek consensus based political solutions, and resolve ethnic, sectarian and religious fault lines. Over and above, institutions should respect each other so that detractors of Pakistan or unconscionable elements do not get a chance to criticize them.
Unfortunately, our politicos, analysts, panelists and anchorpersons criticize the judiciary and other national institutions in the name of freedom of expression. On 10th May, host of a private TV channel program ‘Amnay Samnay’ talk show Nur-ul-Arfeen said that remarks of the Chief Justice of Pakistan (CJP) Justice Asif Saeed Khosa, have started a new controversy. In fact, he did not say anything controversial but narrated the fact. During the hearing of a case of a government servant, Lubna Bilqees the CJ said that “lying and deceit were the main problems of the country, and that people in this country are deceitful”. Of course, Honorable CJ knows what is happening from lower courts to the high courts, and how lawyers of both sides try to prove other side wrong by telling lies and producing fake and false witnesses.
The nation remembers the fake degrees case, fake bank accounts, false testimonies and deceit and deception of the political eminences. Truth and truthfulness, justice, equity and fairness have become the victims not only in court but in all spheres of society. In fact CJP Justice Asif Saeed Khosa had also given remarks about lies and wrong testimonies in March 2019, when he said: “The court is starting a journey towards the truth, which will entail strict action against those found to be guilty of having given false testimony in court cases”. Take the position of tax payers; there are only a million filers in the population of 220 million. A great majority of retailers, wholesalers and industrialists tend to avoid and evade tax. The country is facing unprecedented economic challenges, and external forces wish to cause harm to Pakistan – the only Muslim nuclear state.
In this situation, the nation needs unity, and any institutional clash can be disastrous. Last month, the Punjab Bar Council demanded the removal of a Supreme Court’s Justice for criticising the armed forces as well as premier spy agency Inter-Services Intelligence in a verdict on 6th February 2019 in Faizabad sit-in case. However, the Executive Committee of the Pakistan Bar Council (PBC) disapproved the Punjab Bar Council’s (PbBC) Executive Committee resolution against Supreme Court’s Justice Qazi Faez Isa and termed it uncalled for and against the independence of judiciary. The Ministry of Defence’s review petition against top court’s February 6 of 2019 judgment on Faizabad sit-in case stated: “The direction to the Chiefs of the Armed Forces of Pakistan to take action against the personnel under their command who are found to have violated their oath is vague and unenforceable”.
In November 2018, a notification issued by the law ministry said that President Arif Alvi had removed Justice Shaukat Aziz Siddiqui as a judge of the Islamabad High Court (IHC). The president had taken the decision after the Supreme Judicial Council (SJC) recommended his removal, the statement added. According to a letter written by SJC the council comprising five Supreme Court judges had said that it found Justice Siddiqui guilty of misconduct over a speech he delivered in July earlier this year before the Rawalpindi District Bar Association. The SJC is a constitutional forum that examines the conduct of superior court judges and then recommends their removal from the top post. At this point in time, when Pakistan is facing multifaceted problems, the clash between the institutions can be disastrous.
