IS RESTORATION OF JUDICIARY IMPORTANT W.R.T INDEPENDENCE OF JUDICIARY ?

THE OTHER WAY OF FORMING THIS TOPIC WOULD PERHAPS BE......WOULD RESTORATION OF JUDICIARY TO 3 NOV 2007 POSITION , BRING ABOUT AN INDEPENDENT JUDICIARY ?

I ALSO THOUGHT LIKE MANY OTHERS THAT RESTORATION OF JUDGES OR RESTORATION OF JUDICIARY WOULD BRING ABOUT AN INDEPENDENT JUDICIARY ! LATER, I REALISED THAT EVEN IF IT IS RESTORED THE NATION WOULD BE FAR FROM SEEING AN INDEPENDENT JUDICIARY !

THE TROUBLE IS WE ARE ALREADY SURVIVING AND FORCED TO LIVE IN A PERSONALITY ORIENTED SYSTEM ( THANKS TO THE SYSTEM OF AN UNINDEPENDENT JUDICIARY), IF THE JUDGES ARE RESTORED OR FOR THAT MATTER IF THE JUDICIARY IS RESTORED , THE RESTORED ' PERSONALITIES ' WOULD THUS BECOME POWERFUL THEN THE SYSTEM AND SECONDLY JUSTICE FOR ATLEAST NAWAZ SHAREEF AND HIS PARTY AFFILIATES IS FOR SURE ' GRANTED ' ! SAME WOULD BE THE CASE OF JUSTICE WHEN CASES ARE PRODUCED AND ADVOCATED BY AETIZAZ EHSAN, ALI AHMED KURD AND HIS LIKES BEFORE THE HONOURABLE RESTORED JUDGES !

TODAY IT IS NATURAL FOR THEM TO HAVE BIASED OPINIONS ! THEREFORE , THEY MUST NEVER EVER B RESTORED !INSTEAD OF RALLYING AROUND WITH MR. AITEZAZ EHSAN AND THE WHOLE BUNCHOF LAWYERS ON THE STREETS , I OPINE THAT , IN THE BEST INTEREST OF THE NATION , CHIEF JUSTICE IFTEKHAR CHOUDRY ALONGWITH ALL THE DEPOSED JUDGES SHOULD HAVE RESIGNED HONORABLY , AS A FIRST STEP ! AS THE SECOND STEP THEY SHOULD HAVE HELD CONFERENCES AND SEMINARS AND RALLIES ALONGWITH THE LIKE-MINDED LAWYERS AND EDUCATE THEM THAT THEY HAVE STEPPED DOWN IN THE INTEREST OF THE NATION TO BRING ABOUT AN INDEPENDENT JUDICIARY !

AS THE THIRD STEP , THEY SHOULD HAVE STARTED EDUCATING THE NATION THROUGH THE MEDIA , THE NEED TO BRING ABOUT AN INDEPENDENT JUDICIARY AND THE FRUITS THAT THE NATION WOULD REAP AFTER ITS DONE ! THEY SHOULD HAVE TOLD THE NATION THAT ITS NOT MUSHARRAF THAT THEY R AGAINST ! THEY ARE AGAINST THE PATH THAT LEAD MUSHARRAF TO WHERE HE WAS ON 12 OCT 1999 . THEY SHOULD HAVE TOLD THE NATION THAT THEY WERE AGAINST THE STRENGTH THAT GAVE MUSHARRAF THE ILLEGITIMATE RIGHT TO REMOVE SO MANY JUDGES IN ONE GO BEING THE CHIEF OF ARMY STAFF ON 3RD NOV 2007!

IF THE MOVEMENT WOULD HAVE BEEN CONDUCTED WITH THIS INTENT AND CLEAN OF VESTED INTEREST OR SELF INTEREST , IT WOULD HAVE GAINED AN UNSTOPPABLE MOMENTUM WHICH THE MEDIA WOULD HAVE ALSO SUPPORTED BECAUSE THIS TIME IT WAS NOT ADVOCATING A PERSONALITY IT WOULD HAVE BEEN BRINGING ABOUT A CHANGE IN THE SYSTEM !

UNFORTUNATE! NONE OF THE LEARNED JUDGES AND NONE OF THE LEARNED JOURNALISTS SPOKE AN IOTA IN THIS DIRECTION ! THE BEST THEY COULD HAVE DONE IS EDUCATED THE NATION BY TELLING THEM THAT ITS THE NEED OF THE HOUR TO FIND WHERE THE ACTUAL FAULT WAS ? HOW WAS IT POSSIBLE FOR AYUB , YAHYA , ZIA AND MUSHARRAF TO BREAK-IN THROUGH THE COMMON DOOR ?


ITS IMPOSSIBLE TO IMAGINE THAT NONE OF THESE LEARNED JUDGES AND BARRISTERS ARE AWARE OF THE RECIPEE AND THE INGREDIENTS OF AN INDEPENDENT JUDICIARY , GIVEN THE EXPERIENCE COUPLED WITH THE KNOWLEDGE THEY POSSESS ! THEN THE ONLY THING THAT REMAINS FOR ME TO UNDERSTAND IS , THEY DO NOT WISH TO BRING ABOUT AN INDEPENDENT JUDICIARY BUT THEY CERTAINLY DO WISH TO ONLY GET THE JUDICIARY RESTORED ...... FOR VESTED INTERESTS, NATURALLY !

LETS NOW SEE THAT THE JUDICIARY IF RESTORED ( ONLY ) WOULD SHUT ' THE COMMON DOOR ' FOREVER ? DOES THIS ACTION GAURANTEE THAT THERE WOULD NOT BE ANYMORE 'MUSHARRAFS ' IN THE FORTH COMING HISTORY IF IT IS RESTORED TO THE POSITION OF WHERE IT WAS ON 3rd NOV 07? MY ANSWER IS ''' NO''' ! IT GAURANTEES NOTHING , BECAUSE THE WEAKNESS OF LEGISLATION DUE TO WHICH THE DOOR HAS BEEN LEFT OPEN IN THE CONSTITUTION EITHER PURPOSELY OR UNKNOWINGLY CANNOT BE SHUT FOREVER BY THE RESTORED JUDGES ! ITS THE JOB OF THE PARLIAMENT ....... THE LEGISLATURE !

THEREFORE , HAD THE LAWYERS MOVEMENT BEEN A COMBINED MOVEMENT INCLUDING THE DEPOSED JUDGES IN IT PROBABLY NAMED AS 'MOVEMENT FOR INDEPENDENCE OF JUDICIARY' , THINGS WOULD HAVE BEEN DIFFERENT !

NATURALLY , TODAY THE MEDIA BEING SO VIBRANT AFTER BEING EDUCATED BY THOSE LEARNED PERSONALITIES WOULD HAVE SUPPORTED THE TRUTH ABOUT THE INDEPENDENCE OF JUDICIARY AND WE WOULD HAVE HAD SEEN MORE AND MORE WIDESPREAD DISCUSSIONS FROM ALL ANGLES IF THIS MOVEMENT WOULD HAVE PROPOSED A CONSTITUTIONAL AMENDMENT FOR THE LEGISLATURE TO THINK AND DEBATE UPON ! THE JIST OF THE AMENDMENT COULD B SOMETHING LIKE THIS ..................." AND WHEREAS THE APPOINTMENT OF THE JUDGES OF THE SUPREME COURT INCLUDING THE CHIEF JUSTICE IS AN ACT OF THE PARLIAMENT . THE PRESIDENT WOULD ONLY APPOINT THEM AFTER THEY ATTAIN TWO THIRD MAJORITY IN BOTH THE HOUSES FOR LIFE TIME TENURES." THE LAST FOUR WORDS ARE THE ESSENCE OF AN INDEPENDENT JUDICIARY !

WITH THESE FOUR WORDS INCORPORATED IN THE TENURES OF THE LEARNED JUDGES , THERE WOULD NEVER BE ANOTHER MUSHARRAF, EVER ! WITHOUT THEM THE DOOR IS ALWAYS OPEN FOR ANY ADVENTURER OF THE LIKES OF MUSHARRAF !