The Role of
Justice Chaudhry and
Pakistani Judiciary
By Riaz Haq
www.pakalumni.com
The Transparency International
surveys indicate that Pakistani Judiciary is the
third most corrupt institution after Police and
Customs. And there are very broad and sweeping
laws permitting the judges to hold any one in
contempt of court with few, if any, legal and
constitutional mechanisms to hold the judges accountable.
While recognizing that Pakistani Judiciary does
not have an illustrious record, I absolutely admire
CJ Chaudhry for his courage in standing up to
a dictator. Although we know he is no angel (he
was sworn in as Chief Justice by accepting the
last PCO by Musharraf when Justice Wajeehuddin
and others refused to do so), he set a new example
by refusing to give in to Musharraf. However,
I fault him for lack of wisdom in dealing with
the real issues of restoring democracy after his
return to the bench. He and his cohorts on the
bench initiated more than 100 suo moto actions,
unheard of anywhere in the world. The Supreme
Courts in most democratic countries are very selective
about the cases they hear. They do not dissipate
their energies on trivial matters, and leave these
for the lower courts to adjudicate.
There is the concept of separation of powers in
all democracies. Executive, legislature and judiciary
are considered co-equal branches each with its
own powers. However, Justice Chaudhry & Co
were bent upon taking over the executive powers
by ordering around the bureaucracy in routine
matters of traffic, and other law and order issues.
I think Justice Chaudhry had a historic opportunity
to help transition power from military to a democratic
government which he bungled badly by his aggressive
and vindictive behavior. Instead of attempting
to overthrow Musharraf by confrontation, he would
have been better off in ensuring elections for
a new assembly and new civilian government. Now,
I'm afraid the lawyers may be alone in this fight
without real serious backing by either the political
parties or the ordinary people on the streets.
(PakAlumni Worldwide, created and launched by
NEDian Riaz Haq, is a social network designed
for all Pakistani alumni and students to connect,
share and collaborate. It serves Pakistan Alumni
at home and abroad. Riaz Haq's Blog: http://riazhaq.blogspot.com
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