ON 20 September, a convoy of 12 foreign diplomats, on invitation of local traders of Swat Malam Jabba was subjected to a terrorist attack. The Chamber of Commerce’s efforts to revive and promote terrorism in Swat, suffered a setback. Had the terrorists succeeded in their evil designs, Pakistan would have faced international embarrassment and censure on a scale that is unimaginable. The vehicle carrying the diplomats was saved from IED explosion, while a police escort squad was struck by the road side bomb, which was detonated by remote control. One police officer died on the spot, because of the severity of the explosion, while four officers were seriously injured. The diplomats survived the attack. This exposes serious security lapses by KPK police and intelligence agencies, while it simultaneously nullifies grounds for opposition by Provincial Government, which opposes targeted operation.
There should be no misconceptions about evil designs of terrorists who want to destroy the economy of Swat, and drag it back to stone ages, ruled by despots, involved in mass murders and public hangings of several thousands, without any due process of law. The peace and harmony of Swat, which was restored by security forces, was destroyed, when known criminals were allowed to return back from across the border, carrying their weapons. In all fairness, the responsibility lies with the PTI to a great extent, among others. The decisions made under their government, along with those of others, have caused thousands of fatalities among innocent citizens, displaced hundreds of thousands and led to endless turmoil that continues to torment the citizens of this country.
In such a situation it was expected of all three constitutional pillars, namely the parliament, executive and judiciary to focus on the real issues faced by people, while remaining in their confined constitutional corridors, based on the principle of “Trichotomy of Powers” instead of being involved in turf wars. Political issues should be resolved in the parliament, which has the powers to legislate and amend the Constitution. The primary role of judiciary is to give justice to people, without any delay. It would have served justice if our judiciary, had chosen to emulate judges like MR Kayani, Cornelius, Nasir Aslam Zahid, Baghwandas etc., instead of the likes of Saqib Nisar, Bandiyal, Maulvi Mushtaq etc. The visible eagerness of the SCP to get involved in political matters and disputes, which get wide media coverage, has made it controversial.
Ever since 2007, the judiciary has been a victim of “court packing” by lawyers associated with chambers of powerful members of the legal community. Today the judiciary is dominated by many such individuals. High profile cases involving gross financial irregularities remain pending for decades in connivance with this nexus, to the disadvantage of poor victims of this abuse. The credibility and standing of the judiciary have been eroded. It is a fact that powerful members of land mafia manage to seek extensions in dates, knowing well, that their illegal occupation, would be vacated as and when a judge hears their case on merits. Thousands of poor have been deprived of their lands and livelihood by this evil nexus.
Pakistan faces an environmental disaster because of senseless destruction of fertile green pastures and trees, being replaced by concrete jungles, where all the black money is parked. Pakistan’s judiciary has had a very tarnished record and they have failed the 240 million citizens. Thousands of litigants die, waiting for several decades, for justice. The Judiciary must be seen to be apolitical, and not favourable to any political party or dictator, nor should they be willing speakers at seminars organized by activists of any political party, in Pakistan or abroad, nor succumb to temptations of allotment of plots etc. It is because of such political leanings that the SC appointed “monitoring judges” to influence decisions of lower judiciary. A SC judge in his 2023, 43-page judgment, coined the concept of Master of Roster, to justify constitution of a select group of like-minded judges to decide important constitutional cases, whilst many, senior to him, were confined to their chambers. When a conscientious SC judge dared to censure a senior uniformed officer for being complicit in facilitating the 2017 Faizabad Dharna, his brother judges jumped on him and ever since QFI is a victim of a person specific targeted slander campaign. Partisanship became so acrimonious that a reference was filed. Another judge Shaukat Aziz Siddiqui was also a victim of this targeted ridicule. The Judiciary can only interpret the Constitution as and when a situation demands of them, and under no circumstances can they rewrite any written clause of the Constitution.
Even the constitutional provision of “Complete Justice” is related to the case involving the petition filed before them. The Doctrine of Necessity derives its origins in Pakistan, based on perception of Justice Munir, that it was needed, to save the system. He saved a dictator’s martial law, but inflicted damage on Jinnah’s vision of a modern democratic welfare state. Judges must give judgments based strictly on laws in existence and the Constitution. We have seen in our neighbouring country India, where the Indian SC in its pursuit of their perception of “Complete Justice”, regularised demolition of Babri Mosque, to appease populist aspirations of an enraged mob of Hindu Right-Wing fundamentalists, in violation of the Indian Constitution. Ghandi Jee’s India suffered an irreparable damage.
Ever since, Muslims, Christians, Dalits have been victims of mob lynching. “Complete Justice” concept should be invoked only in rare circumstances such as extra-constitutional takeovers. The major national and provincial political parties of Pakistan should realize that Pakistan must come first, instead of their egoistic pursuits of power. Nobody wins if Pakistan loses. They all exist, because of Pakistan, and not vice versa. Pakistan and its citizens have been wronged for far too long a period, in this blind pursuit of power, by men whom MAJ had warned had no role in politics.
—The writer is contributing columnist, based in Lahore.
