Junaid Ali Malik |
Throughout the history of Pakistan, there have been certain verdicts taken by the Supreme Court that have managed to shatter the democracy in the country. A pertinent example is the support that the Supreme Court has extended to unlawful and unconstitutional acts of dictators which presents the dubious nature of the institution. The fact that the court has taken decisions against the politicians is indisputable. However, attesting the martial law is an avid example of the kind of verdicts that have damaged its image.
The days when unpopular verdicts were passed through the judiciary are long gone. As a matter of fact, Pakistan’s legislative and judiciary are stronger than ever despite the fact that a continuous struggle is still required. Nawaz Sharif continues to be on the roads addressing public gatherings in various parts of the country. He keeps on reinforcing that the court of the people is the leading court in the country.
All the institutions of the country should cooperate with the people and vice versa to solve the long-standing issues of poverty and terrorism which are destroying the fabric of our entire nation.
This statement in itself presents both questions and challenges keeping in view the current situation. In fact, Maryam Nawaz and her entire family continue to relentlessly curse the Supreme Court since the decision of Nawaz’s disqualification was announced. Even at this critical juncture, our politicians refuse to accept the sanctity of the courts.
The primary function of the judiciary is to ensure proper implementation of laws and once the Supreme Court start performing that very function, our politicians begin terming these decisions as verdicts that go against the democratic system. On July 28, 2017, the apex court officially disqualified Nawaz Sharif from public office on account of the corruption charges filed against him. From that moment onwards, the ruling party has launched vicious attacks against the Supreme Court and its judges.
Read more: Supreme Court turns blind eye to Nawaz’s anti-Judiciary rants
This decision has been termed as historical and unprecedented making it a landmark in the history of Pakistan. The ex-premier never anticipated the decision of his disqualification, however the apex judges of the apex court decidedly stated that Nawaz Sharif and his kith and kin have failed to interpolate the method through which they accumulated their vast wealth especially the assets they have retained abroad.
Through the whole-hearted acceptance of the verdicts of the SC, all the stakeholders can come into cohesion instead of wasting time and effort in futile attempts at destroying each other.
Soon after Nawaz Sharif’s disqualification the parliament which is another crucial organ of the state, tried to nullify the decision of the judiciary and made an amendment in the Electoral Reforms Bill 2017 empowering disqualified persons to be considered eligible to preside over his political party. It is very evident that various institutions of the state are in disharmony with one another.
In fact, there are no clear show tell signs that sustainable democracy (SD) is even desired by the masses. Although people are purportedly the center of the power they do not have the power to set the yardstick of those who are qualified or disqualified from politics. It is the job of the courts to decide who is right and who is wrong in such sensitive matters.
Read more: Shahzeb murder case sent back to ATC by the Supreme Court
In the 2013 general elections, PML-N was able to gain around 14.86 million votes, setting aside the claims of opposition parties that believed this number to be the result of forged and rigged elections. However, even if all the voters and supporters declare something as right, it will not be considered a legally binding verdict until and unless the courts take a decision. It is the job of the judiciary to perform its duties to the best of their abilities in order to ensure that the rule of law is properly implemented throughout the country.
This is because the majority of people in the nation are unaware of the true nature of politics and political personalities and therefore their judgements and opinions are less sound than that of the Supreme Court.
In Pakistan, there are very few instances where the supporters have questioned or challenged their leaders regarding any particular matter. The supporters are usually blind followers who do not choose their leaders based on any kind of logic. The unconditional love that supporters have for their leaders does not give them the constitutional right to declare any public office holder qualified or disqualified from politics.
If a political representative of the people has done something wrong, he is erroneous. Pakistan is already surrounded by various enemies in the region and unity between the various organs of the state is absolutely essential for our survival as a nation. The courts need to work hand in glove with legislature and vice versa. Justice has to prevail at any cost.
Read more: Supreme Court jurisdiction extended to FATA
Nawaz Sharif and his family should be given the chance to clarify their position through a fair trial despite the fact that they have already been given both extensive time and ample opportunities to prove the authenticity of their possessions. The Supreme Court should be free from any and every kind of political pressure. Democracy can only be strengthened if there is unison and justice.
This can only happen when the SC is considered equal to the Parliament if not superior to it. This case represents that it is a possibility for an entire majority of the nation to be wrong when put against a few jurists that are right.
The lust for power is a disease that needs to be terminated and this principle should unequivocally apply to each and every person that is a public office holder in the country. Under the garb of democracy, there are some dynastic families that have gained political hegemony which in itself is destroying the fabric of our political system and challenging the supremacy of the law.
The sanctity of the Supreme Court needs to be restored along with the fact that their verdicts need to be respected. This can only happen when the SC is considered equal to the Parliament if not superior to it. This case represents that it is a possibility for an entire majority of the nation to be wrong when put against a few jurists that are right.
Read more: Supreme Court stops Sindh from sacking IGP
This is because the majority of people in the nation are unaware of the true nature of politics and political personalities and therefore their judgements and opinions are less sound than that of the Supreme Court. Through the whole-hearted acceptance of the verdicts of the SC, all the stakeholders can come into cohesion instead of wasting time and effort in futile attempts at destroying each other. All the institutions of the country should cooperate with the people and vice versa to solve the long-standing issues of poverty and terrorism which are destroying the fabric of our entire nation.
Junaid Ali Malik is a professional writer. He considers writing is the sole purpose of his life. He has done masters in Commerce and History and holds PG Diploma in International Affairs. He is an entrepreneur by profession. He can be contacted at firstname.lastname@example.org or @junaidalimalik1. The views expressed in this article are the author’s own and do not necessarily reflect Global Village Space’s editorial policy.