Close - Yet So Far Away

Date : February 13th 2010

Topic: Suo Motto Action By Chief Justice Iftikhar

It is no doubt that having strong institutions in any country is necessary to ensure good democracy. Legislation makes the rules.Parliment debates these rules as per the constitution.The judiciary upholds the implementation of the constitution.This check and balance between the three ensures that democracy is on the right track. What happened today definitely gives hope that there might just be a chance for one of the institution, namely the Judiciary to uphold the constitution and actually hold our parliament and rulers accountable. Someone rightly said “Rulers have a different frame of mine, be it their ideology, be it their financial status or be it their objectives”.Expecting the parliament to get on the right track seems a little far fetched given that it is these rulers them selves who are making the laws and then breaking them as well.

According to Article 177 , Chief Justice of Pakistan appoints the Chief Justice of Supreme and the High Courts.However the President sent a summary appointing Judges not nominated by the Chief Justice Of Pakistan.A 3 judges bench appointed by the CJ termed this unconstitutional and summoned the Attorney General of Pakistan to defend the government.

This might be the first time , in at least my lifetime when the SC has raised its opinion against a directive against the constitution. I am not saying the Judiciary or Government is right, or vice verse. Nevertheless the fact that voices are being raised is the first sign that the corrective measures to protect the constitutions are being activated.

However given the history of Pakistan it’s just very hard to have the faith in any of our institutions. What guarantee is there that the judiciary will not use this to their advantage? What guarantee is there that this is being done with faith towards the constitution? What guarantee is there that the best interests of Pakistan are being considered before the interests of individuals?

The more important question to be asked is will this new found string of accountability extended towards the other pending cases.What happens in the next few days might pave a new path towards a Pakistan where rule of law would come above those with power.

One can only hope!