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Is judicial dictatorship in the offing?

August 14th, 2012 | 15 Comments

By Noah Bukharee:

The yet another unanimous decision of the Supreme Court against the contempt of court bill passed by both the houses of the legislature has been disappointing. The democratic constitutionalists in Pakistan are bewildered as to who will be calling the shots in future and on what basis. This is a matter of extreme concern for the ones who are thoughtful. These times are equally hard for those who understand the norms of democracy and role of pillars of a democratic polity. The people of Pakistan apparently are being pushed into a confused state of mind while being given alternatives which have hardly ever successfully delivered. Even the much trumpeted new faces, who happen to be the latest favourites of the media and the powers that be, are barely aware of ground realities and clinically suffer from huge capacity and ideological issues. An average Pakistani is being forced to bow down to the fact that he/she has to follow the tribal culture based on completely misunderstood religious edicts and ‘Pakhtun wali’ which is a mere reflection of tribal area culture and has got nothing to do with religion or democracy at all.

I am not hesitant to say that the concept of Jihad and the utopian state thereon, put forward by the likes of Maulvi sayied in 1857 in Delhi , Ottoman empire at the fag end of its reign , Mulla Omar in Afghanistan and Reagan backed Zia regime in Pakistan ,has always proved to be an instrument to gain, maintain or extort power , by religio- political parties. This has neither ever been accepted by the majority nor will it work now in the contemporary Muslim world. This is an anti-thesis of modern political culture and even the spirit of religion itself. The Egyptians will soon realize their mistake .Their president is very likely to create another Afghanistan in the Middle East to much relief of poor Pakistanis. The Muslims all over the world have to clearly differentiate between sin and crime and restrict the state to take care of crime and criminals only, instead of trying to play God by punishing the sinners.

Our own countries’ right wing political elite has to understand that the critical mass of Pakistanis has always been pluralist, tolerant and proud of the constructive values which they learned during one thousand years of slavery of various sultans, Mughals and finally the British, who at least were honest enough to open the doors of modern knowledge to the natives.

I am not advocating the rightfulness of this piece of legislation or out rightly rejecting the viewpoint of judiciary but I want the people at large to be fully conscious of the fact that in a democracy, the parliament is supreme and can always make laws which are in accordance with the constitution. Even if the legislature attempted to make any law which the judiciary considered un-constitutional, it could always be sent back to the legislature for reconsideration before being declared ultra vires. In this particular case, there were a number of useful provisions which could have been allowed to continue. It would not have mattered much if the judiciary had suggested appropriate amendments instead of rejecting the legislation in equal haste in which these laws were passed for very obvious reasons. The judges will have to come to terms with the reality that the people’s party has always won the masses’ favour through the ballot box and that too not without any non-tangible reasons.

Moreover the judiciary will have to preserve its status of representatives of western law, instead of proving themselves as Qaziz of the times of muslim monarchs. This is high time that the judiciary revisits the infamous SGS –Cotecna and the subsequent NRO case once again and consider the following facts on the basis of existing law

Firstly, the SGS case was fabricated and launched by an ehtesab bureau which was headed by a shady character who never qualified for the job just like Adnan Khawaja whose appointment is sub judice these days. Secondly, despite all the hue and cry of the media and political midgets for the last twelve years, No court in Pakistan has been able to convict any of the accused even when they were dying to do the same. (Please refer to the tapes of justice qayyum ,saifur-rehman and shehbaz sharif etc on the web media).

The steep rise and fall in collection of Customs duties during and after the withdrawal of pre-shipment assessment of customs duties justifies the subsequent unforgiving steps of a compliant judiciary and most affected vested interest groups. The table below clearly reveals who were the beneficiaries of the immediate abandonment of pre shipment inspection and assessment of the goods by SGS and Cotecna. These figures also indicate how did this group of customs officials/ judges/industrialists, traders and petty importers took revenge by launching the Swiss and other cases against those who dared to marginalize the criminals.

Year	Collection	% Change
1988-89	42,300	11.5
1989-90	48,600	14.7
1990-91	50,528	4.0
1991-92	61,821	22.3
1992-93	61,400	(-) 0.7
1993-94	64,240	4.6
1994-95	77,653	20.9
1995-96	88,916	14.5
1996-97	86,094	(-) 3.2
1997-98	74,496	(-) 13.5
1998-99	65,292	(-) 12.4
1999-2000	61,659	(-) 5.6

Sources: Pakistan. Central Board of Revenue. CBR Year Book 1992-93. Islamabad, 1994. p. 72

Pakistan. Central Board of Revenue. CBR Year Book 1993-94 & 1994-95. Islamabad, 1996. p. 89

Pakistan. Central Board of Revenue. CBR Year Book 1998-1999 & 1999-2000. Islamabad, 2001. p. 146

The freedom is always an opportunity to express depth in the personality of individuals and maturity of institutions. It is never meant to create hysteria amongst the masses,anarchy in the state and destruction of the apparatus which has granted such freedom. At present the two institutions which need to learn this most are the judiciary and media in Pakistan.

Written by gstechlive

Filed under: Democracy, Uncategorized · Tags: dictatorship

15 Responses to "Is judicial dictatorship in the offing?"

AKB says:

August 14, 2012 at 6:51 pm

Frivolous article.
When the Executive fails, judiciary comes into action. When judiciary mends its ways and does justice the corrupt executive starts screaming.
/

Executive or legislature are NOT supposed to go beyond the Constitution. If they do the judiciary will take note. And it is taking note of the ”sikha shahi” of the ruling regime who is adamantly defying the adjudication against their corruption and ill deeds.

//
The Constitution of a country is the mandate upon which all segments of the country are supposed to abide by. What message is the present regime trying to convey to the public at large by flouting SCourt’s orders?? Does it want ordinary accused to follow its creed?? No, that will only destroy the whole country and will be tantamount to fascism.

//
Parliament has its own powers but limited to serving within the scope and soul and spirit of the Constitution. It can amend it by majority vote but cannot go beyond its ”fundamental’ stipulates such as the basic idea of formation of a Muslim land. If somebody feels unhappy with Islam he can leave it or move to some other Kafiristan of his choice!
Muhammad says:

August 15, 2012 at 12:24 pm

@ at AKB
I think in this land of pure only u deserve to live!
Unfortunately our Angel’s brigade has been taught lies for the last 1400 years, it will probably take another 1400 years to teach them humanity or may be double that time!
Amjad Cheema says:

August 15, 2012 at 12:27 pm

Judicial dictatorship is already there, as per Aysha Siddiqa it’s new khaki tactic!
ahem says:

August 15, 2012 at 4:00 pm

Jinnah said Pakistan will not be a theocracy.

But in a muslim-majority land islamic fascism will usurp all the power even without having to establish any islamic theocracy.

Jinnah was a deceiver or self-deceiver.

When muslim population component goes above 5% then islamic fascism begins to take over the society.

All judges/courts/lawyers in Pakistan are basically mental slaves and agents of islam. (So also all top military and police officers, burocrats, “educators”, media people etc.)

Jinnah’s idea that Pakistan will not be a theocracy was his typical self-deceit.

—

All this talk about whether Jinnah (and ML) wanted Pakistan or not, whether Patel (or Nehru) is to be held responsible for partition or not – all that talk is useless now.

Pakistan exists and it is proving everyday that a society based on islam will be a fascist-totalitarian, arab-racist-hegemonial society. Proved is proved – you can’t escape that.

All contrary arguments are just a waste of time in the year 2012 and beyond.
AKB says:

August 16, 2012 at 2:54 am

@ ahem

yOU ARE JUST AN EMPTY VESSEL, FARTING! JINNAH WAS A GREAT MAN WHO DID BAD TO YOUR MOTHER INDIA. AND THAT’S THAT’ BLAME YOUR MAUTHER HINDIA RATHER THAN JINNAH.

/

HIS SPEECH OF 11 AUG 47 WAS A BLUFF….NO ONE ENDORSED IT, NOT EVEN THE
MIRJAI’S UNTIL THEY SUFFERED A KICK IN THE CROTCH THEMSELVES!!
AKB says:

August 16, 2012 at 2:56 am

@ Muhammad

IT APPEARS YOU WENT TO THE WRONG SCHOOL, HAD BAD TEACHER OR READ
WRONG BOOKS. YOU ARE THE ONLY SANE PERSON IN THE WORLD THE WORLD HAS PRODUCED OVER THE LAST 1400 YEARS!! WHAT A CALAMITY!!
Muhammad says:

August 16, 2012 at 5:08 am

@ AKB that testifies my earlier comment Angel’s brigade will need double the time of 1400 years to learn humanity.
ahem says:

August 16, 2012 at 2:21 pm

to AKB

Mahmud Ali Jinn, the founder of the islamic fascist paradise, was a great man for the islamofascists but not for decent human beings. For you muslims the rapist, the robber and the killer are the heros.
PARIS BIENNIAL LAUREATE AND SENIOR ADVOCATE SUPREME COURT SYYED MOHUMMED JAWAID IQBAL JAFREE OF SLARPORE, BRIGHTON, PACIFIC PALISADES AND SUMMASATTA says:

August 19, 2012 at 1:41 pm

There is no Judicial Dictatorship in Offing, period. What has been happening since 1971 is the reason we are the berated,m failed, Rogue and Corrupt stated that we have become.
Miss Bukharee is writing hanky-panky. The question is simply this: Where did Zardari obtain the US$600 Millions he has tucked away in Switzerland. There is no use beating about the Bushes for fishing excuses. Somer have made fortunes by throwing the towels! The grave of Ben Azeer Bano Bhutto Zardari is not on trial. This is a poor, pitilessly oppressed nation, it has been plundered blue … Zardari and Fans should just explain how these moneys were amassed. Why pervert reason to arrive at perverse judgments? Hajji Sir Nawaz SharrrREEF has siphoned off US$2 Billion, he should be also subjected to shunshine and accountability and rest of ghis life in incarceration. This Plunder-aGoGo initiated in 1971 at such huge scale, reached its expeditiousness in 1985. The public has right to know what the assets of the 200 Families were in 1972, 1985 and in 2012. That they cannot explain must be returnmed or snatched back by the State Treasury. It is nonsense that is being promoted by Lnumber 5 Intellectual Aihtraz Ahson and the PPPP-Fan Club. My lette4r poublidshed in the current issue of the FRIDAY TIMES is also recommended reading. Since before 1958 I have consistentkly persisted that judges should be subjected to impartial and strictest, most anxious and delayless accountability. All judges who received plots bigger than ONE kanal, should return current maerket value or return the rest, no exceptions. I have been telling it very loud and clear: justice like charity begins with home. MawshaLAW that. Or I see Chinalike vintage 1940′s devastations then developments here seem inevitable. Pograms against Programmes when there are no programmes against Pograms. In Pakistan all Sovereignty and Suzerainty belong to God All Mighty. Judiciary is an integral part of the GOVERNANCE OF PAKISTAN, nevertheless, first among equals. It should rise to the occasion as honest-to-goodness role model. The crisis stems from: Good Governance versus Goods GOREmint. Fight is between Good and Evil. ((PS As usual my Typos are WorksofArt to be revered)). I am willing to explain and disclose all my worldwide and resources/ assets; if I miss or cannot justify anything .. I will give away whatever I missed to the Otherwise Discloser (informer). Whether I studied at Harvard (or taught them Human Rights) or …. not I have paid income-taxes to Pakistan since I was 14 in Pakistan.No chips on my shoulders, folKKKs!!! Three Cheers for The Electric Chair for the corrupt in or ought of Government of Pakistan. I favour death penalty for cruption including Merchant of Venice HyperHypocrisy cum Hyper-Profiteering. ((NOW COUNT THE TYPOS AND PRAISE YOUR LUCK AS ART CONNOISSEUR, ZARA HUTT K.)
Muhammad says:

August 19, 2012 at 5:37 pm

@iqbalgeoffrey
your bulshit has already been ansewred by the record of revenue during period when SGS cotecna was doing the preinspection job.
PARIS BIENNIAL LAUREATE AND SENIOR ADVOCATE SUPREME COURT SYYED MOHUMMED JAWAID IQBAL JAFREE OF SLARPORE, BRIGHTON, PACIFIC PALISADES AND SUMMASATTA says:

August 19, 2012 at 5:55 pm

i need not answer a person who writes under respectable assumed name
of my Ancestor; but as a matter of fact is ashamed of his
own real identity. boy, the main questions are WHERE WERE $600M by Zardari and $2 Billion by Nawazu generated. How these werre transferred out of Pakistan?
Luck Cotecna concocted summaries of statistics. Masturbating mediocrity is so seXy. Control your legerdemain, babe.

Fowl language proves nothing… So mend your manners before farting further.
Muhammad says:

August 19, 2012 at 6:53 pm

@iqbalgeoffri
Why not put a claim to it,if you can rather than spreading all false propaganda.
The figures quoted are all official which can be checked if you desire to. But who care for truth in this land of pure!
PARIS BIENNIAL LAUREATE AND SENIOR ADVOCATE SUPREME COURT SYYED MOHUMMED JAWAID IQBAL JAFREE OF SLARPORE, BRIGHTON, PACIFIC PALISADES AND SUMMASATTA says:

August 20, 2012 at 5:24 pm

Figures by Coc(KKK)tena as well as Inland Revenue/FBR are concocted/fabricated at will per Order is order. I had asked two very simple , honest to goodness, easy questions, to wit: where did forex US$600M of Zardari or $2000M+ of Nawazu SharrrREEF emanate (Mr M, its all Black Money!); how the hell this money was transferred out of Pakistan. We need not be concerned about statistics which are camouflaged lies and tricKKKs of the trade (and tirades). I sign what I say. I write down loud and clear (and I am willing to Prove Up per Law of Evidence) and my identity is publicly wellknown, certainly not hidden behind any subterfuge or pseudonyms. By the way SharrrrREEF’s two sons, fuddy=duddy and oozing with hankypanky, are British citizens with no loyalty whatsoever to Pakistan OR to Great Britain. Nawazu should not forget that 2 Room wreck of a shack that his father and his brothers owned in AmritsirJi (Yet Nisar Ali jactitates that Mistri Sharief was a millionaire, my mfHussain!!) … BILLIONS were owed by The Sharief companies to pestered and blackmailed domestic Banks. All Gone With Raiwind. Did you know when Nawaz was chucked out, (in 1999) Pakistan’s currency reserves were less than $400 Million; some US$500 Million out of which were borrowed from private Emirates money-lenders.Nawaz and Zardari should account for and restore the Unjust Enrichments to the National Treasury. Otherwise imagine SHAH OF IRAN’s outstanding outcome. This is Land of the Pure, Mister M… except that only it has been thoroughly betrayed and polluted by Rot N $tinKKK at the top .. because of lackadaisical Hypocrites like you. Our FBR is amongst the most corrupt on the face of the Earth. It is a smear, a blackening blob on the Good Earth. WHAT WE NEED IS MORE STRICT, MORE INDEPENDENT JUDICIARY. In the same breath I have repeatedly asked that those Judges who obtained plots at peppercorn prices (there is no free lunch) bigger than 500 Sq Yards, must return the additions to State Treasury. I can count on the fingers of my Righteous Hand the judges since 1950 who did npot retire AS Billionaires. But I support our current judiciary (subject to my reservations aboiut plight of plots,patronage, progeny projection,piccadilloes, promotions, privileges and protocol .. all in the name of phony flexiProcedure). I am for transparent accountability under most anxious scrutiny , across the board, against one and all barring none… FAIR ENOUGH? Those judges, like (my former law teacher) Elhajj Dr. Nasim Hassan Shah who submitted false Affidavits to obtain plots should be prosecuted for Perjury and subborned penal obstruction of Justice and, he, after fair trial upon conviction awarded suspended exemplary sentences because of old age. And pensions forfeited. Justice like charity begins with ones own home. NHS can be proud that I can walk with my head high with the grace of God Almighty. No tax evasion or chips on my shoulders…. ((By the way in this regard, please do read my Letter in the current issue of the Friday Times)). DAMN A DAMN MUST CALENDAR (read it in Punjabi)= English Translation for theb sake of cultural dowager/dagger memsaab in Module Town: Damm a damm must qallander! Reality is so severe in Pakistan, gotta rite Surreally!!
Amjad Cheema says:

August 22, 2012 at 3:43 am

@ Iqbal Jaffry
This is all from official CBR record, can be checked from them.
I have posted also posted an article in this context.
Casual Observer says:

August 22, 2012 at 4:37 am

Sir Jaffry:
“I had asked two very simple , honest to goodness, easy questions, to wit: where did forex US$600M of Zardari or $2000M+ of Nawazu SharrrREEF emanate (Mr M, its all Black Money!); how the hell this money was transferred out of Pakistan…”
.
I do not mean to doubt your sincerity or imply that Mian Shareef\Zardfari are innocent (I have no idea) but as a matter of logic was wondering whether a counter question can be asked; Where did the figures $600M and $2000M come from?