Mansoor Ahmed
DURING the World War-II, when the
Luftwaffe (German Air Force) was
wreaking havoc over London with its incessant bombing attacks, the British Prime Minister Sir Winston Churchill took cognizance of the heavy casualties and economic devastation. He asked, “Are the courts functioning?”
When told that the judges were dispensing justice as normal, Churchill replied, “Thank God. If the courts are working, nothing can go wrong.” Pakistan, which is facing a crisis no less than WW-II because of COVID-19, will survive if the courts are functioning. Mercifully, the Supreme Court of Pakistan has taken suo motu notice of the handling of the pandemic Coronavirus and issued guidelines.
Transparency and accountability are essential elements not only of democracy but Islam. A champion of democracy even the US recognizes the role of Islam in law and jurisprudence. The Supreme Court Building in Washington DC has mentioned Muhammad, our Holy Prophet (PBUH) among the greatest “lawgivers of history” alongside Hammurabi, Confucius, Charlemagne and others in chronological order.
Not only the Holy Quran emphasizes upon accountability and adherence to law as a primary principle, the companions of the Holy Prophet were an embodiment of upholding the law. The Second Caliph of Islam, Hazrat Umar (RA) on one occasion, before starting his address to the congregation at Friday prayers, was challenged by a young Muslim. The young man inquired that each one of them had been issued a piece of cloth from the Bait ul Mal but he observed Caliph Umar (RA) to be using two pieces of cloth. He wanted to know what right the Caliph had to get a share twice the share of an ordinary Muslim.
Before Umar (RA) could explain, Abdullah the son of Hazrat Umar (RA) rose up and said, “Friends, the truth of the matter is that like every other person my father and myself obtained a piece of cloth each from the Bait ul Mal. My father is so tall that the piece of cloth that he got from the Bait ul Mal did not suffice him. So, I gave him my piece of the cloth”. The question on accountability did not bring even a frown on the face of the Caliph.
The judiciary has come a long way in Pakistan where totalitarian regimes in the past forced it to legitimize their usurpation of power; where prosecutors were made to disappear, witnesses silenced, judges harassed and forced to flee the country when their children were threatened, their lives put at risk when they dared to challenge the authoritative and dominant.
Justice is blind and the law is equal for all, whether the offender is a King, a President, or a beggar. Transgression by the rulers is more serious than by ordinary plebeians. The law is the same for all but those who wield authority and defend that law should be dealt with harshly if they chose to trample the law under their feet since they have been given the sacred task of maintaining the highest traditions of justice.
It becomes incumbent upon all to respond to questions regarding the acquisition of wealth and property. Even if officers of the judiciary are asked about discrepancies in names of family members holding more than one passport, declaration of assets, income and they avoid responding, it would dilute the impact and respect of apex courts.
Judges are the role models as they are entrusted with dispensation of righteousness. Correspondingly entrusted tasks raise the bar higher for them. Once they emerge solid, it would enhance their credibility. Everyone must work within the bounds of Constitution since the Federal Government is mandated to file reference against any member of the judiciary through the President. The Supreme Judicial Council is a constitutional body to hear the cases against judges; its ruling must be respected by all.
Islam has set very high standards for upholding the tenets of law. The current government, which has resolved to turn Pakistan into “Riyasat-e-Madinah” is committed to imposing accountability across the board. The recent Inquiry Commission into the sugar and flour scandals in which members of the ruling dispensation were named, speaks volumes for the accountability process. It is hoped that with malice towards none, justice will prevail for all.
—The writer is freelance columnist, based in Rawalpindi.
