Let justice be done, even if heavens fall

Possibilities, Probabilities & Modalities to the Restoration of Free-Minded Judiciary in Pakistan

By

His Grace Sahibzada Hoseyn AKC

Honoured to be "Esquire""”"next below to "Knight""”"Sir"

@

The Lord Hutton's Dinner

Inter Continental

Main Park Lane

London

March 28, 2008

Rt. Honourable Lord Justice Hutton, venerable benchers, honoured barristers, distinguished ladies and gentleman! Indeed it is highly rejoicing to savour the sumptuous banquet of a celebrated judge who sat and adjudicated in the Royal Courts of Justice, whose erudition and insight has become a precedent to the jurists and the stupendous students of law.  I am also grateful for being asked to speak on the possibilities, probabilities and modalities whereby the free minded judges of Pakistan resume their usual adjudicating duties under the newly installed democratic dispensation led by a noble Syed Yousuf Raza Gilani of Multan Sharif.

Daniel Webster's prophetic proverb "justice is the biggest interest of mankind on earth" has ever been disregarded by the myriad dictatorial dispensations in Pakistan. Unashamedly the first victim has been the judicial organ of the State, which is scheduled to serve the biggest cause. Be it noted that Sir Winston Churchill declined to clamp Martial Law when London itself was being bombarded by the Nazi Germans. Being the consensus leader of Tories, Labours & Liberal Democrats he was all powerful to decide whatever he deemed fit. However, despite a thin time of the matchless magnitude in the British History the statesman was content as the Courts were open to adjudicate thereby dispensing justice to the litigants.

On November 03, 2007, Pakistan was a republic under the normal canons of law, as Courts were open, adjudicating and dispensing justice. But on the characteristic words of the Duke of Wellington, Pakistan was subjugated by Mushy executing his will to reign supreme instead of law of the land. Obviously, Courts are the touchstone envisaging the normalcy of a state. In Pakistan Courts are practically closed after the despotic act of November 3^rd 2007. It follows that the republic stands no more, as the judicial organ is rebutted. Thus, restoring the independent judiciary is indeed a vital question, which ought to be addressed fairly.

As to the honourable Judges of Pakistan who remained under the unlawful detention, the Bar Council of England & Wales never deems them to be retired or deposed. To us they are de jure judges of the Supreme Court and the High Courts of Pakistan. Thus, dealing with the question of the rule of law and civil liberties in Pakistan the same has been taken up on the instance of the Bar, in the State Report 2007, issued by the Foreign & Commonwealth Office London. Certainly, it is a pressure tactic on the thug further to tighten his already entangled neck.

As resolved by the ruling coalition which enjoys the throbbing majority it is certain that after the adoption of the pledged resolution by the National Assembly of Pakistan, the Prime Minister would preferably summon the Army Chief directing him to withdraw the draconian order dated November 3^rd 2007, issued by his predecessor, due to which the position of fateful day would stand redundant.

Another possibility as to saddle the independent Judges the Prime Minister may, in compliance with the said above resolution issue an executive order declaring null and void the impugned order of the usurper. The only caution ought to be the prompt notification, issued by the Cabinet Division and the implementation thereof through the Law Division.

Another possibility which I also foresee is that the National Assembly when assumes its aboriginal legislative functions, the legality of Article 270-AAA inserted by the mangy dog"”Mushy would surely be debated at a great length. As a consequence, the indemnity to the autocratic act would not be assented to, whereby it is to loose its efficacy. It is tantamount to impeach the dictator.

The adoption of the 18^th Amendment to the Constitution by the Senate of Pakistan as mandated by the supreme law of the land is not likely to be an intricate issue, as the majority of Qatil League in the Upper House of the Parliament is more likely to erode in view of Chaudry's incapable leadership. Secondly, those who usually enjoy the perks and privileges of power cannot sit on the rough and barren benches of the opposition. It is, therefore, certain that the abler son of Barrister Ahmed Mian Soomro, namely Mohammad Mian Soomro, the last semblance of dictator's legacy would also meet his waterloo by the time the Upper House assumes its deliberations on the 18^th Constitution Amendment Bill 2008.

I personally feel that the Premier of Pakistan should ideally affectuate the first option to hold people's sway in the statecraft. It would serve two pronged strategy: first, the supremacy of the people's will with the army being subservient to it, and, second, Mushy to be made a telling tale. The historic verdict dated November 3^rd 2007 delivered by the Seven Members Bench, headed by Mr. Justice Iftikhar Mohammad Chaudry would thus hold the ground, whereunder the Declaration of Emergency and the PCO 2007 had been declared ultra vires of the Constitution of the Islamic Republic of Pakistan. The PCOed judges, including Abdul Hameed Dogar, the orphan of Garhi Mori"”Khairpur and my friend Malik Farrukh Mahmud of Bahawalpur would have to be referred to the Supreme Judicial Council to meet their kismet, as they were bound not to take oath under the obvious injunctions of the Apex Court.

The fact remains that PCOed judges are totally disgraced. They enjoy no public support, either of the legal fraternity, or that of the intelligentsia. Having been on the despotic toe of the tyrant during his uniformed era they are now solely on the crying crutches of Satan Pirzada and Clownish Qayum. The dependencies of administration cannot resist the overwhelming will of the people.

Mushy also must not flee and lodge either in Virginia or Istanbul. He is the top gangster who has lost the opportunity of a safe passage. Now, he either be pushed to the gallows like Mussolini, or put up before a firing squad as a reminiscent of Nikoli Chao Chisco of Poland, or, simply be handed over to the lawyers of Multan Sharif.

Tatty puppy's barking voice lies in the paralysed tongue of Major Gen ® Rashid Qureshi whereas his potent weapon of intrigue is the black eyed, black faced, black veiled and big bellied Tariq Aziz Chaudry of Toba Tek Singh. These two have played havoc with the national sentiments and time and again have repudiated the mass mandate. They must be taken to task along with the conscienceless Pirzada and shameless Malik Qayum in the brazen company of PCOed creatures. The subversion of the Constitution is the biggest crime against the State. Article 6 of the Constitution of the Islamic republic of Pakistan must be invoked now to settle all the old scores. Only then, on the historic words of Mr. Justice Hammond-ur-Rehman the adventurers would avoid tempering with the Constitution.