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Sunday, March 1, 2009

To be or not to be

I'm generally not one of those people who are prone to throwing hissy fits, but this 'independent judiciary' brouhaha is really getting my goat. On several occasions, when I was doing my masters from the Land of Opportunities, I was approached by several lecturers/tutors/people in general. They all had the same question to ask. HOW do you intend on practising law in Desi Land when the judiciary is not independent?! Personally, i found this to be a very difficult question to answer. I could either lie/paint a very rosy picture or tell these people the truth.

And the truth is that the judiciary has NEVER been independent. Not only is the legal profession scarred by corruption starting at the lowest level possible, it has always been very easily malleable. The Honourable (ex) Chief Justice of Pakistan was well known to enjoy the good things of life. Prior to Musharraf firing him, I would quite frequently read about him going off abroad for one reason or the other, presumably on the tax payer's expense. Just google it or search The Dawn. Mr Chaudhry took oath under Musharraf's first PCO. So why all the fuss regarding the current PCO judges, especially Chief Justice Abdul Hameed Dogar? What makes Mr CHaudhry ANY different from this lot? Not much I think. Was he not one of those who authorised Musharraf's rule?

Some may argue that he is now a changed man. Misunderstood, jaded and a victim. I think those that do argue that, suffer from a syndrome most people in Desi Land are afflicted with. Acute amnesia, my dear Watson. It is due to this very syndrome that the Islamic Republic of Desi Land keep on voting for the two parties that shuttle in and out? The reason why the Zardaris, Sharifs of Desi Land represent us at state level *shudders*. Once bitten, twice shy? Not something the Desis of Desi Land believe in.

Acute amnesia has led to the people of Desi Land forgetting that the loudest voice in this independent judiciary movement is that of Nawaz Sharif. The person who had the apex court of Pakistan, stormed by his cronies. Where did the independence of the judiciary, sovereignty of the state, go then?

Perhaps one can argue that Musharraf was the lesser of the evils. During his last year as President, it was politically correct to be a Mush-basher. Yes, his last year was marred by some very ridiculous, nation-destroying, political-suicide type decisions. But the acute amnesia struck Desis of Desi Land seem to forget that he did in fact do SOME good for Pakistan, as opposed to the clowns in the political arena these days.

I'm not by any means condoning Musharraf's unconstitutional actions. Our 'democratically' elected leaders are no better. Rewind to Feb 2009, with President Z's decision to oust the Sharif Bros from politics - Supreme Court decision (Would Mr CHaudhry have done anything different - History repeats itself) . Again, Rewind to the 1970s and the so called 'independent judiciary' that sanctioned the murder of a leader of Pakistan. Fast forward back to March 2009. Tension in FATA, non-sovereignty of the state (read: American drones) suicide bombers, political, economic, social and religious instability.

It's really too much to take.

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