Analysing our judicial system
In the most of its judicial history, the superior judiciary of Pakistan has been under severe criticism over its decisions and judgments. The major criticisms include; decisions under political influences, biased verdicts, rifts among senior members of the judiciary, personal ego of the judges, decisions away from merits and political decisions rather judicial decisions. Besides, there are thousands of the pending cases, waiting for the decisions since years which speak of either inadequacy or else bungling at the level of judiciary. Besides, there are undue pressures of bars and influence of the senior lawyers which keep the senior judiciary handicapped to make timely and justified decisions. Since the lower courts take precedence from the superior judiciary therefore, the situation is worst at the level of session and district courts. In summary, there is a general dis-satisfaction of the people over the judicial system of Pakistan. This dismay of the people of Pakistan is increasing with each passing day.
Unfortunately, the superior judiciary of Pakistan is either not cognizant of the criticism or else not taking into considerations, the public opinions and genuine concerns of the people of Pakistan, thus continuing with the previous practices. This entire development has seriously damaged and down-graded the position of the superior judiciary of Pakistan at three levels; locally within Pakistan, regionally in South Asia and globally among the international community. Whereas, among the Pakistani masses, there is general dis-satisfaction among the people, the people do not trust the judiciary and justice system of Pakistan.
At regional level, Pakistani justice system is numbered at five (5th)out of seven countries of South Asia. At international level, Pakistan positioned among the lowest countries. As per 2022 report of the World Justice Project (WJP), published in October 2022, Pakistan is numbered at 129 out of 140 states. WJP is an independent, multidisciplinary organisation, which surveys the citizens and experts all over the world to measure the state of the rule of law. This is very up-setting for the state of Pakistan whose foundations are based on Islam and this Great religion is preaching justice and rule of law.
In Islam there is maximum emphasize for ensuring justice among people. It is clearly said in Surah Al-Nisa; “Believers! Be upholders of justice, [164] and bearers of witness to truth for the sake of Allah, [165] even though it may either be against yourselves or against your parents and kinsmen, or the rich or the poor: for Allah is more concerned with their well-being than you are. Do not, then, follow your own desires lest you keep away from justice. If you twist or turn away from (the truth), know that Allah is well aware of all that you do.”
Pakistan came into being on the ideology of Islam, thus the judicial system of Pakistan should have been founded on the golden principles of Quran for the disbursement of justice among the people. Indeed, the Constitution of Pakistan was made in line with the teachings of the Holy Quran. Article: 227 of the Constitution of Pakistan clearly states that, “All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah.” This Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions. In the presence of a complete ready-made justice system in the Holy Quran, should there be deviations in the judicial system of Pakistan? Islam means Salam, the promoter of peace and lover for entire human beings.
The system of justice in Islam is all about to ensure equality in “giving rights and in enduring by obligations without discriminations for any reason, either for religion, race or colour”. Justice in Islam is the essence of HaqooqulIbaad (people’s rights). The justice system in Islam can be better understood from the Hadith of Holy the Prophet (SAW) which says: “There are seven categories of people whom God will shelter under His shade on the Day when there will be no shade except His. (One is) the just leader.”(Sahih Muslim). Indeed, there is no ambiguity about uniform disbursement of justice in Islam; (Holy Quran and Sunnah) and the constitution of Pakistan is based on these two sources. Then, why Pakistani judicial system is lowest in the world. This question must be addressed and answered by superior judiciary of Pakistan whose judges enjoy the maximum perks and privileges in Pakistan.
Can they really justify their positions (unique privileges with highest perks) viz-a-viz the outcome, people and state receives on day to day basis. Definitely, it is not, since there is worst judicial system in Pakistan, facing 230 million people of this poor country where justice is on sale. The contemporary divide among the members of superior judiciary over the interpretation of law and variations in the decision making on the same issue (conduct of elections) has further faded the position of superior judiciary of the country. Whereas the constitution of Pakistan is same, the law is same then why two different decisions. This clearly shows that, either there are personal inclinations, political biases or else there is a pressure for different verdicts. In all eventualities, the distorting image of the superior judiciary of Pakistan has serious implications for the law and order and justice system of Pakistan which need immediate remedy. Under the prevailing uncertain judicial crises and political instability, it has become inevitable for the superior judiciary of Pakistan to undertake a process of soul searching for its image building through disbursement of justice in a free and fair manner.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
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