Free Judiciary- a challenge for Indo-Pak talks

By Farman Nawaz (Unpublished article)

Revolution is natural phenomena just like organic changes in nature but it does not happen by itself, rather people will have to struggle for it. But sometimes it happens that a revolution is deferred by cunning machinations of capitalistic and religious elites. After Russian revolution the scenario of India was suitable for revolutionary endeavors. It is a fact because Chinese revolution is practical manifestation of this claim. After Chinese episode we see Afghani and Iranian’s struggles for change. Pakistan was not an exception. The people of this land tried too but their great efforts were always diverted from the destinations.

Before partition the Hindu Muslim controversy has deserted this struggle. After partition India continued its struggle for change in the shape of democracy but Pakistani people were deceived till the day. They were always made frightened. Before partition this fear was in the shape of Hindu majority. After partition the fear got a new shape of Indian threat. In 70’s a new fear of Russia was invented and people were trained for American sponsored Jihad – the holy war, and now that holy war has made thousands holes in our society.  Filling these holes our children, young men, women and old are pouring their flesh.

The division of India was not a natural phenomenon. If it was natural so why we Pakistani, even our soldiers, love to watch Indian movies? Why our women love to wear Indian dresses? Why our media has started to copy Indian style in movies, dramas and even in current affairs programs? The Hindu, which we were afraid of, is now employing our young singers. What does this mean? If Hindu religion was a menace so why the religion of Indian Muslims is not at stake now? If Indian culture was a threat so now why we are eager to adopt that culture?

We desperate Pakistanis always welcomed changes. Judiciary restoration movement was one of the changes that attracted us. But now the leaders of that movement are not satisfied with this free Judiciary. Ahmad Ali Kurd has declared these Judges as Pharaohs. Asma Jahangir has called this free Judiciary as dictatorship. Civil Judge Mr. Sayeed Khurshid has resigned in protest. He says that whatsoever was done that was only to pull the wool over public eyes.

Last week former Foreign Minister Khurshid Kasoori said in one of Dunya TV’s program that Manmohan Singh had scheduled to come to Pakistan in Musharaf period for peace talks but he postponed his visit because of the judiciary restoration movement. Next time when foreign minister Shah Mehmood Qureshi went to India at that time Mumbai attacks brought those talks to an end. However, when India insisted for action against Hafiz Saeed at that time again Free Judiciary and Law of Pakistan became a hurdle in action against terrorists. This time against when Pakistan and India has started negotiations, the judiciary tried to open the cases against Zardari and issue of missing persons. Why this judiciary comes as hurdle in peace process?

Earlier Pak Army was a hurdle in India-Pakistan talks now it seems that Judiciary is playing the same role.  Justice delayed is justice denied. But justice at the cost of peace is strange and curious. The Judges who hanged Bhutto were also of high stature. But today no one knows even their names but Bhutto is still loved. Today Chief Justice is a hero for people but history can repeat itself. If he will sacrifice justice for the peace of two nations that is not a deal of loss. By the way why he is not taking action to amend such laws which become hurdle in peace process? For terrorism we need special laws. Such proofs which can trap these terrorists in courts are not possible to find. Taking benefit of ordinary laws the terrorists can mislead the judiciary by hiring expert lawyers.

Security agencies will surely find some unusual way to punish these anti state elements. Dead bodies of militants found in the warring areas need Chief Justice’s attention to change his outlook about missing persons. Of course there are some persons missing on political grounds. They need justice but how they can be separated from terrorists, this issue needs special attention of judiciary.

Chief Justice claims that he will go to the last extent to provide justice to all. Kashmiris also wait for justice since independence. Is there any solution with judiciary? The people of India and Pakistan too wait for justice – justice for their quarrels and international intrigues. Free and independent judiciaries of India and Pakistan must set an example- an example that can help the regional nations to decide their disputes like Kashmir and issues like terrorism.


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