HAZRAT Ali, the fourth Caliph of Islam and a cousin and son-in-law of Holy Prophet (PBUH) stated that a “Society can survive with kufr(infidelity/Atheism), but not injustice”. This sums the importance and sanctity of Judiciary, which according to 1973 Constitution, is one of the three essential constitutional pillars of state, the others being parliament and executive, on which the edifice of a modern state can be built upon. The Constitution is the supreme law.
All three pillars of the state and departments funded by tax payers, derive their strength from the Constitution. It also defines the boundaries within which all the three pillars of state and departments under their administrative control, must work within their defined corridors and makes them accountable. Edmund Burke stated in 1775 “The use of force alone is but temporary. It may subdue for a moment; but it does not remove the necessity of subduing again; and a nation is not governed, which is perpetually to be conquered”. In 1794 during the trial of Warren Hastings, he stated “There is but one law for all—the law of our Creator, the law of humanity, justice, equity, the law of nature and of nations”.
Individuals who hold important assignments, in the three constitutional pillars of state, both elected or paid, must be judged on a more conservative higher scale, viz-a-viz morality, ethics, financial integrity and undivided commitment to the state and the constitution, than that applicable to masses. This is very important, because these individuals make policies, give judgments and are responsible for implementation on matters, which directly decide the fate and destiny of millions of citizens of Pakistan. Under no circumstances, can they be seen to divert from the strict code and internationally accepted norms of governance, such as conflicts of interest. Those who hold important public offices, elected or paid, under no circumstances, should be involved in activities other than obligated in the 1973 Constitution.
We are fortunate, that at this moment, the CJP and many others in SCP, have never succumbed to temptations, such as allotment of multiple subsidized plots, which others who preceded them could not resist. There were few judges, in the past, who were involved in politics and even recommended names to be given tickets for parliamentary elections by a political party, that they were associated with. With power, comes responsibility and a system of checks and balances that should be enforced. Individual and absolute sovereignty and immunity is a divine attribute, which no human being must aspire for. If any individual aspires for such powers, he is either a narcist or a fascist and has no place in a democracy. The Supreme Judicial Council exists to address any complaints or transgressions by their members. Nobody should be above the law. Individuals are dispensable. It is the law and Constitution which must prevail and to which all must submit.
A country where Rule of Law is not supreme, chaos and discontent can gain foothold and destroy the very fabric of a society. Democracy can only flourish and deliver to the people, if there is justice for all citizens and all of them are equal in the eyes of law. This places upon Judiciary, a responsibility to rise above self. Judges must be strictly apolitical and abide by a Code of Ethics in letter and spirit of the Constitution. The Supreme Judicial Council has accordingly declared a “Code of Ethics”, which unfortunately in the past, a few within the judiciary, transgressed and violated. This is a universally accepted code of ethics, which was violated by likes of Justice Munir, when he succumbed to temptations and pressure and resorted to Doctrine of Necessity, to regularize what was a gross illegality. We also had judges of the caliber of Alvin Robert Cornelius, Rustam Khan Kiyani etc. Former CJ West Pakistan HC, Justice Rustam Kiyani, was the pioneer of launching movement for independent judiciary, when he challenged writ of AK in a scathing manner, while remaining in service. He died suddenly in 1962 in Chittagong where he had gone to address CSP Officers Association. This pioneer lies buried in Kohat. He has written many books, which members of legal community must read. Pakistan was created so that Muslims could live in peace with members of other faiths, free from harassment by Hindu Supremacists, inspired by RSS and consider Savarkar a role model, instead of Gandhi Jee, Nehru etc.
Individuals who hold offices in three constitutional pillars of state pledge on oath that they will uphold the Constitution and must have total undivided loyalty to it. Judges of the superior courts interpret the Constitution and have powers to declare any law infructuous, if it violates spirit of the Constitution. It is humbly suggested to your Lordships, who sit in Supreme Judicial Council to review the Naturalization Oath of Allegiance to USA, individuals take to become citizens, where they have to pledge “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiances and fidelity to any foreign prince, potentate, state, or sovereignty, of whom, or which, I have heretofore been a subject or citizen”.
We leave it to our Lordships better judgment, that such individuals who voluntarily take this oath to become citizens of USA through naturalization process; should they ever be eligible to hold any public office of importance. As for the Green Card, it is an essential prerequisite in the process to acquire citizenship through a naturalization process and is not a multiple entry visa.
—The writer is contributing columnist, based in Lahore.
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