Pakistan’s Chief Justice Iftikhar Muhammad Chaudhry, while addressing a ceremony in London on May 27, 2012 said, “The weakest democracy is better than martial law.” This is a public statement of the honourable chief justice, and we may have our views on this. Well, according to our chief justice, the democracy even weak or defective is preferable to any other form of government.
There cannot be any denying of this fact. But the question is, if democracy of any form or type can work without any slightest of semblance of any kind of justice, as is the case in present day Pakistan? Can the honourable chief justice deny the fact that, in Pakistan, in addition to many things failing in judicial system, the approaches and attitudes of judges at every level are not dictatorial?
Can he deny that, the judges here give more emphasis on formats and formalities than on disseminating justice to common man and the justice seekers? Can he deny that, here in Pakistan, people are deprived of any kind of justice; and justice system here is weakest of the weak, not because of lack of administrative and judicial lacunae in justice system, but to a great extent because of attitude of judges, who so far as a common man is concerned is not answerable to any one? In such a situation, the “weakest democracy” may be better than any other thing, but cannot respond to general public’s need for a long time.
In martial law, there may be no law. In martial law, there may not be any constitution. And who else is in need of constitution which is open to at least 18 crore types of interpretations and misinterpretations? Who else needs such a constitution, so least about constitutional rules, when general public cannot get food, clothe, education, justice, and any sort of basic/fundamental rights to live on peacefully? If the country seeks anarchy in the name of “weakest democracy”, then may Allah save us all! Ameen.
SYED SAYEF HUSSAIN
Karachi
We have such justice system and such democracy because of martial laws. NRO, Zardari, MQM mafia, Drugs, Arms, horse trading, week judiciary, vacuum of political leadership, military corruption and military Exploitation through DHA, Fauji Foundation and in the name of defence budget, all these are gifts of Martial law. Democracy flourishes by trial and error method. Let it proceed and it will itself give wisdom and maturity. Even it takes time to establish operational system of a small office how can we expect that democracy starting every time from point zero will have strong values and output. England was not as it is now,850 years back. They let the democracy flourish and now it is the best or at least one of the best. There is no shortcut to experience. We have just started experience with democracy once again from zero, May ALLAH save us from rebellion army and democratic values may flourish
There are many issues in judiciary however, observing formalities is not an issue. These are rules which are to be observed to ensure provision of justice. They are observed all over the civilized world and they have well established judicial system. When whole country suffers from corruption, judges cannot remain an exception.
Judge is one of us. They will show the same attributes as we as a nation have. We don’t dislike corruption. We don’t mind keeping corrupt people as our friends even as our in laws. We don’t say even treat evil as an evil. We commit electricity theft. We bribe traffic sergeants, prefer making NIC, Passport & depositing bills out of queue and usurp the right of other. standing in queue is felt insulting, we give bribe just to avoid another visit to an office to cure our mistake, lodge fictitious FIR, give bribes to policeman to arrest someone, drive without license, don’t keep car documents though required by law, park our cars as to disturb rather block traffic, break traffic signals, don’t attend classes and get our attendance marked, approach our teachers for extra marks and to usurp others right, sell or at least gift government/ employer provided fuel to others, hospitals sell medicines to stores, buy mobies knowingly that it is stolen property, use government assets without paying remuneration, allowing use of state resources of which we are trustee, In such case we should have the same politicians and judiciary as we currently have. What one gives around one sees around.
@democracy, I'm sorry. Now I am no more interested to buy the cliche and run-of-the-mill comments against martial law! Martial Law has no law – all right. But nah, martial law regime is not without any law. Martial law has instant and for-the-time-being laws, which are properly and regularly, and without discrimination implemented and applied. But in today's so-called democracy there are no laws at all, but only some whims and caprices of a very few fortunate people, for the own benefit of these very few people. These people get votes, and get license to do any and every thing of their own liking, for their own benefit, without any accountability. And bechara awam? They are always satisfied by feeding the egos of their leaders even with their bloods. So please, no more beating the drum for so-called democracy!! And also no blaming of anybody, particularly the army rule, for poverty in democracy, because the people of this country are not mentally fit for democracy. The mindset, and the psyche, of the people of this country are not for democracy. That's why martial law comes here again and again. Now-a-days also, people here are waiting for the messiah, the MARTIAL LAW! Please accept this bitter truth. Thanks.
@Waiting-for-justice:
You are right when you say "The mindset, and the psyche, of the people of this country are not for democracy".
Unquote: The same is true for 'Peaceful Coexistence' with others also.
@asd, you are right about the 'formalities' of civilized world. But I would like to know, how much you would feel like being a part of a civilized society after you spend some time in seeking justice, and visiting the court rooms of this country. I am also sure, you have some idea and opinion of our being civilized after seeing traffic on our roads, after visiting a police station, a government hospital and again of course a court room! If stress would be only on formalities, which is what we see in this country’s judicial system, then how and where would the justice be available? Please think about this!
my point is that the formalities are prescribed for ensuring justice not hindering it. It stands proven as in the other legally developed countries like UK, similar formalities have been laid down and it has not hindered the justice. So formalities are not the cause of the problem you are addressing. The problem is inefficiency of judges, intellectual poverty of lawyers, and the whole system which as Mr. Who_we-are has said contributes towards it.
@waiting-for-justice
you are hopeless. Its your personal issue. I believe in Allah Almighty and he has turned the societies far more injust that ours to a just one. I cannot stop blaming martial law because these dictators and rebellions are the prime cause of all evils and deprivation of common man, above all, of massacre in Bangladesh, and on May 12. What have you said rules in martial law applies to all indiscriminately. It is like denying obvious truth. If it was true, MQM mafia would have never flourished, drugs money would not have overwhelmed, NAB would not be used to blackmail people so that they may join Q league, friends of Musharraf would not have built millions of rupees as fee for utilizing their influence, people would not have been abducted by agencies, people of Sawat would not have been tortured, These political people are bad yes obviously bad because all of them are brought forward by dictator and used for its own motives. Once we get rid of rebellion dictator generals for fifty years we will get democracy blesssings for all.
The massacre in Bangladesh are blamed on martial law people, and non-civilian elements. But where were you people, the lovers of democracy and civilian rules, then? Go through the history sheets, and see, when the non-civilians were killing bengalees you people were spitting venoms against the bengalees, and calling them Indian agents! Just as now you people are doing against the Waziristanis, and Balochistanis, and calling them by various names, and hating them by various names, like 'terrirists', 'islamists', 'talibans' etc etc! Now you people have become full of love for bengalees/bangladeshis?!?
@Waiting-for-justice:
Such a mindset can not change until the school curriculum, right from the primary level, is changed commensurate with modern times.. I fail to understand, what have the socalled 'modern' day Governmets of Pakistan been doing all these years after Yahya Khan and Zia Ul Haq ?
The Courts should frame laws that adjournment shall not be grated at a matter of routine. After seeking two adjournments further adjournment shall only be granted upon heavy costs. In banking practice leave to defend is to be filed within 30 days, and adjournment is hardly possible, so lawyers file it accordingly. Why we can't establish this practice in other forums. I agree different cases demand different treatments but at least cost imposing culture should be imposed by the Courts
The 30 days' limitation is almost in all legal matters for the people seeking actions/counter actions through courts. There may be some benefit of this limitations, but these almost always go against the bechara individuals seeking justice! Very strange, but true.
PAKISTAN'S JUSTICE SYSTEM IS A BLACK HOLE!!!
If number of judges is complete it may improve the progress. In the Sindh High Court the requisite number of judges is 40 while it has been working with 16 judges. What else can we expect except inordinate delay
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