Ref:- Judicracy constitutionally absurd & politically untenable.
Dear Sir
Notwithstanding euphoria, in some quarters, over Supreme Court of Pakistan order to reinstate ex-Chief Justice Iftikhar Chaudhry, it is a crucial and critical time for the people of Pakistan where they are required to show patriotism and common sense, without coming under undue pressure of international community.
In the entire world only two types of Governments are there:-
(i)- Democracy where ultimate power is with people's representatives.
(ii)- Military rule (including hereditary monarchies) where ultimate power is with head of State supported by military
But no where judiciary is given ultimate power to question legitimate wielders of power (that is people's representatives in democracy and head of state in Military rule). Judicracy is constitutionally absurd & politically untenable.
As for as keeping the judge or chief justice out of office during his trial of impeachment (either by parliament as in democracies or by Judicial Council in Pakistan) it is quite legitimate and logical because even a police inspector is suspended during any inquiry against him so that he may not influence the inquiry.
Misconduct /Â incompetence of higher judiciary are subjected to impeachment process in every political system hence it is highly unpatriotic to allow judiciary to usurp by interfering in the process of impeachment against the member of higher judiciary (in this case the chief Justice of Pakistan).
Rest every thing said in favor of Iftikhar Choudhary J. and in favor of Friday's order of supreme court to reinstate Iftikhar Choudhry J. is merely a verbiage to obfuscate this matter of usurpation. Yes if Iftikhar Choudhry J. is exonerated by Judicial Council then it is a different matter and can be dealt on merit accordingly.
This constitutionally objectionable order of Supreme Court has rendered a constitutional body the Judicial Council redundant and thus committed an effrontery to constituent power and that too to protect an accused member of its judicial community. What an audacity?
If what is ordered by Supreme Court of Pakistan (to reinstate Iftikhar Choudhry J.) is allowed to go un-challenged then the judiciary will become a law unto itself and it will be impossible in future to rectify the corruption & incompetence of higher judiciary through constitutionally ordained procedure of impeachment.
Therefore patriotism demands that people of Pakistan takes either of the two courses :-
(1)- Either people of Pakistan take recourse to politics of agitation through political parties and establish democracy in Pakistan where ultimate authority of parliament will be established which apart from conducting other matters of State will also cancel all the orders of Musharraf and his Government which are considered bad in law.
(2)- Or military should prevail (through Musharraf or through any other general) and bring unapologetic military rule to its glory.
But in no case ex-Chief Justice be allowed to be reinstated without being exonerated by Judicial Council.
In either of the case Government of Pakistan ought to move Supreme Court to get (Friday's order for reinstating Iftikhar Coudhary J.) reviewed and in case judiciary still persist in effrontery to constituent power then those erring judges be dealt similarly through the proceedings of impeachment by judicial council.
Pakistan need not worry about allegiance of most of the judicial community because as per media reports there are majority of members of judicial community (including of higher judiciary) who still believe in rule of law / constitution and do not subscribe to the views expressed by 10 judges in Friday's constitutionally objectionable order to reinstate Iftikhar Choudhry J.
Yours truly Â
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Hem Raj Jain
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208, Supriya, Plot #20, Sector – 10, Dwarka,
New Delhi -110075, INDIA .
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