Dubious character
The Provincial Assembly of Khyber Pakhtunkhwa passed a resolution in favour of re-opening/re-visiting 32 years old decided case of ZAB but has no time to listen the cries of the people of the Province for the implementation of the Judgments of the Supreme Court of Pakistan in favour of the Primary School Teachers. All the Governments and Assemblies in the Country are unanimous on rehearing of the ZAB case but have yet to decide that all those Judgments which the same Supreme Court has given in favour of the people to be implemented in letter and spirit. Personally, I am in favour of the reopening of the case subject to the condition that the Government should be duty bound to implement all those Judgments, which go in favour of the citizens of the State and against either the Federal Government or the Provincial Governments. Under the Constitution, the rights of ZAB and a beggar in the street are same and the Supreme Court is bound to protect them against the State. ZAB is no exception to the cardinal rules of law. People voted PPP for the Government, for the protection of their rights, for not only picking and declaring ZAB innocent from the Supreme Court through reference. Judgments/Notifications in favour of the Primary School Teachers are disregarded so shamelessly as if they have no value at all. Where the poor Primary Teachers should go for the protection of their rights? For the PPP Zulfiqar Ali Bhutto is important while for the Primary School Teachers arrears of their salaries have importance. Khyber Pakhtunkhwa Government is not acting upon its own Notifications in favour of the Primary School Teachers. I have instituted cases both in Peshawar High Court and in Khyber Pakhtunkhwa Service Tribunal for the protection of the rights of the Teachers. The Government is denying the rights of the Teachers while vehemently supporting to reopen a case for which there is no provision of law under the Court’s procedure and is taking support of Presidential powers. PPP and allied parties are working in such a way as if it is the era of sixties or seventies when the Politicians of almost all the Political Parties successfully manipulated the situations in their favours. People were gullible and became prey to every political party. Now the people have got sufficient maturity that is why the split mandate is visible everywhere so that no one should exercise dictatorial powers in the name of democracy. After three years of Government, PPP brought a unique case before the Supreme Court. It is interesting to note that the Presidential reference has been submitted with this spirit to get a Certificate/opinion from the Supreme Court that ZAB was innocent and everything done against him was illegal. The dubious character is evident from the conduct of the Government. On one hand, the Government goes to the Supreme Court for vindicating ZAB innocent while on the other hand is not acting upon the Judgments of the Supreme Court. It is a famous maxim of law that those who seek justice must do justice. The President considered the matter of ZAB’s execution a matter of the people of Pakistan while himself is unaware about the real matter of the people of Pakistan. Decades ago, the same Supreme Court has given Judgments in favour of the lower Government employees but the concerned Departments of the Government of Khyber Pakhtunkhwa are not willing to accept those Judgments/Rulings for their guidance. Either thousands of the teachers have been deprived of their rights in shape of arrears of salaries or Advance Increments on higher qualifications and the Government have no pain for them. I ask from every person of Pakistan whether at present rights of the individuals are important or reopening of a case, which does have finality. Neither ZAB can come back nor might those who have done any injustice be brought to book. The Government is wasting on one side the time of the Supreme Court while on other has become obstacle in the way of rights of the people. I also request to the Supreme Court of Pakistan that when a person complains of the non-implementation of any Judgment of the Supreme Court of Pakistan then his complaint must be given priority because he should not be compelled to litigate the same issue repeatedly in the Courts. There is no respect of the Judgments/rulings of the Supreme Court of Pakistan, which is evident from the applications of the teachers to their respective officers and their refusals. The officers have joined hands to defeat the rights of the teachers. When the people get their rights without any hindrance then such like cases of ZAB or any other dead or alive person should be brought to the Courts.
Manzoor Ahmad Yoursafzai
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