‘Judges, parliamentarians should not be measured or tested as Sadiq and Ameen’
LAHORE – Supreme Court Bar Association President Ahsan Bhoon said Friday that there is no juncture in the history of Pakistani politics where governments have not relied on the courts for their judgment. Even in the dark authoritative segments of Pakistan’s history, rulers have repeatedly tried to gain legitimacy through courts.
“The point of making this argument is not to highlight or delve into historical decisions, but to signify that even in the darkest political periods, Pakistani courts were perceived to be the only institutions that had the power to alter the status quo and change the national narrative. Democratic or not, almost all Pakistani statesmen have relied on courts in Pakistan at some point in history.” He added.
While addressing Asma Jahangir Conference here he said that the best tribute to Asma could be a realisation of the fact that history is best used as a learning tool and not a determining map for the future. It takes just one person, one judge, and one journalist, one politician to stand up and challenge democratic infringements. That one person is feared by everyone who at any point even thinks of challenging the democratic system in the country. That person was Asma Jahangir. It will always be Asma.”
“We are living in times where Asma’s vision is more relevant than ever before. The democratic system in the state of Pakistan is in turmoil, while freedom of media is facing bounds like never before. The judiciary is under immense pressure and the freedom of courts being questioned like before. The state of human rights abuses across the region of Jammu and Kashmir airing on national television every day is a constant reminder of the horrors that Asma warned us about,” he added.
Accountability, civil freedoms, and trust in democratic institutions within the country, or even the whole of South Asia for that matter, have never been more fragile. We have politically unstable neighbours, with democratic systems either polarizing or faltering on one side, and completely nonexistent on the other. This has a natural destabilizing impact for the entire region, and it has therefore never been more critical to emphasize the need for complete faith and trust in democratic institutions that now. And I don’t think anything could be as strong an indicator of a well performing democracy as the situation of human rights in a country.
Whilst it’s true that democratic systems across the world are different owing to varying historical trajectories and cultural influences, he said, the provision of human rights remains constant. Democracy and human rights share a mutually inclusive relationship as there can be no human rights without democracy and vice-versa.
He said everywhere in the world, dictators or the representatives of imperial forces have used religion as a tool to perpetuate their rule. In Pakistan, a dictator namely Zia Ul Haq, used the same practice and inserted Article 62 (1)(F) in the constitution whereby it was conditioned that parliamentarians should be ‘Sadiq, Ameen, Righteous’ etc. While taking advantage of the presence of all stakeholders, I would say, to be Sadiq, Ameen etc., is a virtue of profits whereas all humans are fallible, whether they be judges, parliamentarians or any other representatives of society. Therefore, they cannot be measured or tested at the touchstone of such traits. So, the provisions of Article 162 (1)(f) inserted in the constitution of Pakistan, being in conflict of the basic spirit of Islam are liable to be struck down.
Similarly, power used by the Supreme Court of Pakistan under Article 184 (3) does not provide right of appeal to the aggrieved parties and the fate of the parties is sealed for all time to come by a decision of the Apex court. This is violative of Article 10 A of the constitution of Pakistan which requires the amendment in the rules of the Supreme Court to grant right of appeal to the aggrieved party.
“I think Pakistan has one of the most active judiciaries in the world. We have judges who are bold, brave, and undeterred when it comes to questioning decisions made by governments and the Armed Forces. But still, we are unable to dispel the impression that the decisions made are often under external pressures,” Ahsan Bhoon added.