By Farman Nawaz (Unpublished Article)
According to the constitution of Pakistan it’s my right to express my views and it’s my duty to indicate towards those aspects which seem fair to me. I don’t know what language I must use to talk about Supreme Court or Chief Justice of Pakistan but I am doing this in good will. I don’t know exactly what contempt of court is but I know one thing that if the decision of the elected parliament (the main law making body) can be criticized so the decision of Supreme Court can also be discussed and disagreed for sake of interest of Pakistan. So that the decision may not look selective and partial.
For the last few weeks I have noticed that even tested friends of Chief Justice Sahib have started to talk about his decisions. If these friends were true, sincere and trustworthy during the struggle for restoration of judges so even now their viewpoint have weight to be listened.
Last night I heard the news about the detail judgment of Supreme Court about NRO. This decision has raised some questions in my mind. The honorable Chief Justice as a public servant is bound to think about my these questions. My first question that is not directly related with this recent decision- why Chief Justice is silent about those judges who left him alone during judges’ restoration movement? If that movement was just so those judges stood against justice. Now we Pakistanis can’t expect impartiality from those judges. If they have resigned so their resignation is not sufficient to wash their crime because they tried to desert a movement that was expected to change the lives of desperate Pakistani people. In a way those judges betrayed with the people and constitution of Pakistan.
Secondly the decision of the Supreme Court only concentrates on the beneficiaries of NRO. But what about those who implemented it and framed it? Are they not culprits? Chief Justice Sahib stood against Musharaf – the army chief of that time and president. While now he is silent about General Kyani and ISI head – the main facilitators of NRO. If Chief Justice is afraid of them and thinks that it will again destabilize Judiciary so the chief Justice along with his colleagues must be repentant about their previous decision when Judiciary was made a news item. And if they don’t want to destabilize the Judiciary again so what’s wrong with this present government and its fate in this critical global scenario?
Another aspect of the Supreme Court decision is about political reconciliation and cases. Chief Justice Sahib is of the opinion that the term political reconciliation should not be used to remove cases against someone. We all know that some cases are fake and based on political prejudices. The way Chief Justice was restored is also a kind of reconciliation because he did not appear before the court to defend the charges against him. Now as for as Islamic history is concerned we see political and national reconciliations and pardons.
The day when Mekka was captured, was a political reconciliation for Quresh of Mekka. Hazrat Abu Sufian and Hinda were pardoned not because of any revelation from God but because of national political reconciliation. And we see that Mekka was conquered without any bloodshed. Hinda – a woman who killed Hazrat Humza and Abu Sufian – a person continuously intrigued against Islamic state of Madina, both were pardoned and their previous sins were cleared. In those 23 years they never thought about the reality so how it is possible that just in one night when Hazrat Abu Sufyan saw blazing fire outside Mekka, he melted and accepted Islam? Even at that time he was arrested and presented before Hazrat Muhammad (Peace be upon him).
Actually it was because of political and national reconciliation of the prophet which worked and he along with his fellows was pardoned. We also know about his successors like Amir Muawya and Yazid and the prophet was also well aware of it before end but still they were pardoned for the smooth running of newly established state of Mekka. Now the question arises that whether Zardari’s crimes (which are still to be proved) are more severe than Quresh of Mekka.
Another question that bothers me is that whether is it a wise decision to struggle for justice on one side and destabilizing the stable government on another? If some one says that system is already destabilized so I think this decision of Supreme Court is pouring oil on the dwindling system.
The timing of the detail judgment is also annoying the nation because in a couple of hours a massive American delegation will reach Pakistan. I think Americans will hesitate to negotiate with such a government whose future is at stake now. And they have expressed it too that Zardari is on Shaky ground. What we have made of Zardari in front of this delegation? If Chief Justice Sahib says that his duty is to protect rights of Pakistanis not Zardari only so honorable Chief Justice Sahib we Pakistanis were well aware of these cases but still we elected Zardari as president.
Previously it was a trend here in Pakistan that whenever some Americans are expected to come here so they were welcomed with some type of Army operation against terrorists but now they will be happy to see Zardari in trouble because People’s Party does not fit well in their future Afghan policy.
In the last I would just give a hint that court decision about sugar prices did not bring fruit so in the same way this decision too is not going to bring some happy moments for us.