Role of Judiciary in the Politics of Pakistan

1: Introduction of judiciary:

The judiciary is a branch of government, consisting of justices, judges and magistrates among other types of adjudicators. The primary function of the judiciary is to adjudicate legal disputes. The judiciary is also responsible for interpreting the law, but while in some legal systems this is a fundamental principle(e.g. common law jurisdictions), in others the primary responsibility for interpreting the law belongs not to the judiciary but to the legislature — traditionally, civil law and socialist law jurisdictions — although even in them, the judiciary inevitably must play some interpretive role, since interpretation of the law is an inseparable part of adjudicating legal disputes. This difference can be seen by comparing the United States and People's Republic of China — in the United States, the Supreme Court is the final authority on the interpretation of the law; in the PRC, the final authority on the interpretation of the law is the National People's Congress.

2: Importance of judiciary:

It is unfortunate that while the people attach too much importance to the legislature and the executive, the judiciary is usually ignored. The man in the street does not understand and appreciate the important part played by the judiciary in safeguarding the liberties .of the individuals .Students .of the Stuart period of the history of England know that in spite of the arbitrary Rule of the kings, the people did not suffer much as the strong judiciary Of England acted as a shield to protect the individuals. Wherever the judiciary is strong and not subservient, the executive dare not act arbitrarily in its relations with the people. If a person is unlawfully arrested, a writ of habeas corpus can bring that person to the court and he can be detained in jail only if the police or the executive can convince the judge concerned that his detention is according to law. The judiciary will see to it that the rights of the people are protected. Once the law has been made, it cannot be given any arbitrary interpretation by the executive. It is up to the courts to decide the meaning of the law. Experience shows that the judgments given by the judges depend upon the individuality of the persons concerned. If a judge is a communalist, his judgments will be vitiated by his communalism. If he is corrupt, he cannot give justice to the parties concerned. If he is an upright man, he will not be afraid of calling a spade a spade. If the police have transgressed the limits .of decency, the judge will not hesitate from passing strictures against it. The arbitrary action of the biggest .official will be condemned by a court of law. That is the glory of the judiciary. Professor Laski says: "Men who are to make justice in the courts, the way in which they are to perform their functions, the methods by which they are to be chosen, the terms upon which they shall hold power, these and other related problems lie at the heart of political philosophy."

3: Importance of judiciary in Islamic point of view:

“We have sent Messengers with clear proofs, and sent down with them the Scripture and the Balance that mankind can establish justice
(Quran 57:25)
Islam - the religion that God wants for mankind from the time that He sent Muhammad (may he peace and blessings of God be upon him) until the Day of Judgment - shows great concern for the judicial system and those appointed to carry out its responsibilities. Islam prescribes for it many legal injunctions. How else could it be, when Islam is the religion of mercy, equality, and justice? It is the religion that comes to free people from worshipping Creation and bring them to the worship of God. It is the religion that comes to remove people from oppression and iniquity and bring them to the highest degree of justice and freedom.
God’s Messenger, may God praise him, was the greatest of judges. He used to act in the capacity of judge in the city of Medina, which was the first Islamic state. He used to
Appoint people to be judges in other cities. Among these were `Utâb b. Asyad who was
Sent to Mecca, Ali b. Abu Talib and Muadh b. Jabal, both of whom were sent to Yemen.
In the era of the Rightly Guided Caliphs, the head of state continued to be the one to appoint judges, govern their affairs, protect their independence, and keep the governors and political appointees - and even the Caliphs - subject to the judges’ verdicts. Umar b. al-Khattaab, the second Caliph, was the first person to make the judge an independent
Entity, distinct from the Caliph and the governors.
In this way, the judicial system continued to evolve throughout the early Islamic era, during the Umayyad era, and well into the Abbasid era. The office of Chief Justice came into being at this time. The Chief Justice became responsible for appointing and
Removing judges. He was responsible for supervising their behavior and monitoring their performance. The first person to be appointed to this post was the justice Abu Yusuf, the student of the great jurist Abu Haneefah (may God have mercy on them both). Thereafter, this office became widespread throughout the Muslim lands. It continued to exist up to the fall of the Ottoman Empire.

4: Consequences if judiciary is corrupt:

Judiciary is bone of contention of all evils.
If Judiciary is working properly than everything will be right. In country where there is no Independent judiciary it gradually destroys all its institutions. Bribery, nepotism, Favoritism, class discrimination is prevailed in those countries where there is no Independent judiciary. Judiciary is responsible to bring political stability in a country. If Judiciary is corrupt it left indelible impact on the country’s future and in no time country and its institution collapses in the blink of an eye. There are examples in history of those glorious empire’s who do not have independent judiciary were wiped out from the map of the world. There is no safeguard to the life as well as property of the average citizen. Needy are deprived of their rights which causes mammoth unrest among masses. The situation is deteriorated and the country is left in its decline when there is no accountability in the country.

5: Role of judiciary in the politics of Pakistan:

Role of judiciary in the politics of Pakistan has
Always been reprehensible. Albeit it was written in the three constitutions of Pakistan that judiciary will be independent and it will not be influenced by anyone. But judiciary did not adhere to this lofty law and it started to influence by politicians miscreants as Well as by military dictators. Judiciary has become puppet in the hands of corrupt Politicians. When Prime Minister Khawaja Nazimudin want to confine the Governor-General Ghulam Mohammad by enacting a bill but Ghulam Mohammad unconstitutionally dissolve the government of Khawaja Nizamudin because he do not want to deprive himself of perks and privileges which he was enjoying. When Maulvi Tamizudinwho was a speaker of national assembly challenge this action of Ghulam Mohammad in Sindh High court which give the verdict in favor of him but Federal government take the case into the Supreme court and Apex court which instead to consider it not valid but defend the unconstitutional action of Ghulam Mohammad. If at that time Supreme Court take the stand then no one can dare to dissolve the assemblies in future. In fact Judiciary has always welcome military rulers which cause political instability in Pakistan and then it started a race of tussle of power between the politicians and military which bring a bad reputation to Pakistan in international scenario. In fact, after the judicial murder of former Prime Minister Zulfiqar Ali Bhutto the judiciary blatantly confessed that it was indirectly pressurized by the military to take that step. Common people do not have confidence in judiciary to give them justice because now they think that courts are venal. It has causes unrest among the people. Whenever the assemblies were dissolved courts kept mum, which encourage dictators to sway their rule and to consolidate their position in the politics. Despite ensuring all the safeguards to make judiciary impartial in its decision yet now 59 years has been lapse but nothing exceptional has been done. Judges are the apple of discord. Judges have always assisted corrupt politicians because they have vested interest in government. Role of judiciary in the politics of Pakistan should be curbing and judiciary should fulfill the oath of impartiality and giving justice to the poor there is a branch of judiciary recently constituted by the government “NAB” which is being used as political victimization or political witch-hunting. And it is fully supported by the judges. From these actions we can gauge the role of judiciary in the politics of Pakistan.

6: Nexus of judiciary with military and Politicians

As it is already explained judiciary has always welcome military rulers which have causes political instability in the country. Now we will take an overall view how military take over the institutions and what are its Consequences. Whenever military regime wants to perpetuate its rule they need legal assistance which some unscrupulous judges are always ready to give them. Judges somehow concoct or fabricate the provision of the constitution to allow that the A, B, C military ruler can sit in office with uniform. And in quid pro quo they receive hefty emoluments increments perks and privileges and they do not want to deprive themselves of these privileges by not assisting them. So they always kept mum and give the authority to the military rulers to abrogate the constitution and to interpret the constitution in their own favor whenever they need. And they never reprimand the military dictators in their way to introduce the pseudo-Democracy. And they never moot the case that there was any rigging in elections or not. Similarly is the case with the different political miscreants. Whenever in the regime of civil government all the atrocities which are enacted by civil governments are always assisted by the judiciary. Judiciary never questioned the rulers about the diktats which they forcibly implement. When there were several charges of corruption against the political leaders of PPP and PML-N they extend the incumbency period of that judge and that Judge kept mum. Sometime if some judge take stand these political parties pressurize the particular judge and that particular judge will succumb to the pressure and he will give them whatever the verdict they want. So this is how the nexus of judiciary with military and politicians work. There are some notorious judges like Nasim Hassan Shah who never feel ignominy to confess brazenly that they were directly influence by the dictators in making several verdicts.

7: Onslaughts on judiciary

There are some blots on Pakistan because the Judiciary which is considered as the most respectable institution is attacked by different miscreants. When there were several charges of corruption pending in Supreme Court against the Nawaz Sharif when he suspended the then Chief Justice Syed Sajjad Hassan and some unscrupulous person’s pelted stones on the buildings of Supreme Court which were later become the scapegoats on the behest of Nawaz Sharif. This is how they try to influence the judiciary. Another incident which is recently attacked on Supreme Court. When some oligarchs try to sell the Pakistan Steel Mills on meager pay because they have vested interest in selling the mills. But Chief Justice Ch. Iftikhar gives verdict against the selling of Steel Mill and declared it null and void. Chief Justice asserted on many occasions that the Judiciary is independent entity which was alarm to the perpetrators that judiciary will bring absconders to the books. Chief Justice also moots the case of missing persons which government illegally detained them in unknown places. There were also elections in the end of this year which Gen Musharaf feared that Chief Justice Iftikhar will not take his oath. Then he suspended the Chief Justice on some bogus and absurd charges. So these diktats are always concerns for the judiciary and our history is replete from these types of examples.

8: Remedies:

No one can deny the importance of judiciary as it is considered one of the pillars of the States and to bring justice for all. It is considered priority obligation of the states to bring justice. In Pakistan we should let bygones be bygones and to see forward to develop the institutions to perpetuate the sanctity of the constitution. There should be accountability or check and balance of all the bureaucracy, politicians and including
Judges. No one is above law we all should keep this in mind which will give justice to all. And we should strive for the independence of judiciary and Judiciary should not interfere in the politics and particularly Judges should abandon their affiliations to different political leaders because it will halt them to do justice and to remain impartial.

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