Govt hindering in equal justice
The Apex court under the chief justice Iftikhar Chaudhry with a fame of absolute propriety is determined to uphold the rule of law. It has no army to fight, it is confronted by one worst ever rulers, shrewd bureaucracy and arrogant establishment, but still has emerged as a great agent of change. Although the Constitution vests the Supreme Court with the highest judicial power, it doesn’t grant the Court authority to enforce its decisions by itself. That responsibility falls to the Executive branch, which is lead by the President Zardari. This has the potential to create problems when the branch responsible for administering a decision is required to act against its perceived best interests.
Like in today’s situation, president, prime minister and some of his ministers are entrenched to thwart the Supreme Court’s decisions and rulings that involve such of their close kith and even themselves. Even if the apex court convicts those who are the main players of the government and awards heavy sentence to them there is likelihood that they will be pardoned by the President which is bestowed on him by the constitution. Our constitution clearly states that no legislation can be imposed repugnant to the Quran and the Sunnah – how does executive immunity stack up to the standards set by the Quran, exemplified by the Sunnah and subsequently practiced by the Caliphs?
The success and efficiency of Hazrat Umar‘s (RA) administration mainly depended on his strict compliance over the staff. When a governor was appointed, his letter of appointment which detailed his duties and privileges was publicly read, so that people could know the terms of appointment and could hold him responsible for abusing his power. Addressing a group of governors once he said, Remember, I have not appointed you to rule over your people, but to serve them. You should set an example with your good conduct, so that people may follow you. Give the Muslims their rights and do not beat them lest they become abused. Do not praise them unduly, lest they fall into the error of conceit. Do not keep your doors shut in their faces, lest the more powerful of them eat up the weaker ones. And do not behave as if you were superior to them, for that is tyranny over them.
I would quote another event from history of Islam; a theft took place in the house of a Muslim in Madina. Two persons, a Muslim and a Jew were charged with theft. Both of them were brought before the Holy Prophet (PBUH). The Muslims of Madina became worried that if the Muslim was proved guilty of the theft they will be humiliated in the eyes of Jews. Thus the people came to the Holy Prophet (PBUH) and humbly requested that the honor of the Muslims was at stake and hence it was desirable the Muslim might be acquitted of the charge. But the Holy Prophet (PBUH) considered an unjust decision a disgrace for Islam. The people further argued that since the Jews had perpetrated cruelties on them, it was of no significance if one of their men was unjustly punished for the crime. The Holy Prophet (PBUH) said: “Justice and honest decision have nothing to do with past sufferings”. At last the Holy Prophet (PBUH) examined the case impartially and against the wishes of the Muslims set the Jew free. This example of justice humiliated the Muslims of that time but in reality it immortalized the justice and high ideals of Islam. We should therefore, adhere to our principles and should not make innovations in them for the sake of pleasing others.
Now consider the situation in Pakistan: Today, out of the aforesaid examples, can any ruler of Pakistan present such an example? The pillars of the state are failing again and again to deliver justice to the common and poor people of Pakistan. The most important organ of the country “Judiciary “ is constantly kept under pressure with state machinery turning into the survival force and shield for the feudal lords, corrupt politicians, extremist forces and oppressors. If PPP delays, defies, sidetracks or hinders smooth compliance of the Supreme Court orders, there is going to be a real problematic situation. If such a standoff takes place and the government keeps sacking the bureaucrats obeying the court’s orders as has been in various cases, then who is going to ensure the respectability for and compliance of the court’s orders? The PPP and its over clever defenders have been arguing that the Supreme Court is against their government. These imaginary suspicions, which in any case are impossible to prove, do not provide license to ignore the court’s orders. They are bound to follow the rule of law and obey the orders of the courts.
Islam has laid great emphasis on justice and it is the basis on which all problems of the society, be it personal, social or economical are decided. The establishment of justice for all citizens of the state, Muslim and non-Muslim alike, is one of the major purposes of the Islamic system of government.