Debate on Judges
By Misbah U. Azam, PhD
Phoenix, AZ
The debate on the fate of the deposed judges is turning into mere speculative arguments after the “inside pointers” from “anonymous sources, privy to the negotiations”. Even a section of experienced media personnel is locked in the debate and rebuttals about the “inside information”, which in some cases have proven to be untrue, continue to be advanced.
The debate on the electronic media demonstrates the emotional attachment of some of the media anchors and political pundits with the issue of the restoration of judges. Recently, one of the senior and experienced investigative journalists boasted in one of the private TV channel talk shows that since the deposed judges have given so much sacrifice for the independence of the judiciary, they not only deserve to get their positions back but have also earned the right to serve as judges for the rest of their lives!
This is indeed a very emotional statement and in conflict with democratic norms. Such statements are unwarranted and would not be helpful to the judges’ cause. The arguments lack a realistic assessment of the ground reality that this is a golden opportunity for the Pakistan parliament to legislate to strengthen the judiciary.
In the very recent past, the country witnessed the vulnerability of the judiciary when it failed to bring Nawaz Sharif back to Pakistan after he was ignominiously shunted out from Pakistan on September 10, 2007. In October 2007, the judiciary could not assert itself by staying the controversial Presidential elections, which drove the country to the November 3 misadventure.
It is understandable that restoration of judges is very important for the country’s future, and the lawyers’ movement, civil society and the media have to keep sustained pressure on the government to ensure that the Nov. 3 action will not become a practice to be repeated. At the same time, however, we have to appreciate the fact that we have elected our leaders and Asif Zardari, Nawaz. Sharif and Asfandyar Wali must be given ample trust and time so that they can make the right decision, no matter how much mistrust we hold against them.
Imposing deadlines and threats of agitation will not be helpful and will only make their task more difficult. Pakistan is no more run by a “united command” where decisions are taken in one hour and changed in the next. Pakistan today is governed by a democracy - a frustrating process of debates, dissents, and compromises which may be painful and time consuming, but in reality are the very strength of the system, because the decisions made after tough but serious negotiations last for a long time and have flexibilities to be modified to adjust to varying times requirements. We should appreciate the fragility and vulnerabilities of the new system for imparting lasting strength to the institutions.
