'My father wasn't the Chief Justice of Pakistan'

By Nadia Khan

Pakistan's 62 years judicial history is full of turbulence, starting from Justice Munir (1895-1974) till Justice Hameed Dogar, their decisions were reflecting a sense of biased or pressurized attitude due to number of reasons, either job-fear, promotion or benefits after job. There are very few exceptions like Justice Saeed uzzaman Siddiqui or Justice Ifthikhar Chaudhry, still fighting with a democratic-dictator, in last 10 years which highlights that these individuals refused to take directive from country's so-called military rulers and abide by the essence of real justice as needed by common Pakistanis to strengthen the dream of her founding father, Quaid e Azam Muhammad Ali Jinnah.

In spite of them, the recent verdict of Justice Sardar Aslam of Islamabad High Court (IHC) referring to Farah Hameed Dogar case, stating the validity of reassessment and fairness of additional awarded numbers making her eligible for medical college, reemphasized that Pakistan's judicial system is yet to attain the level where it would be termed as fair, unbiased and true justice as per religious & constitutional demands. Beside this case of few additional marks, IHC, probably under pressure from present govt., could have passed such verdict; one can imagine the cases where it is life imprisonment or death sentence! Indeed if this is a true sense of judgment then 25 years before, the verdict of the then Supreme Court under Z. A. Bhutto case, could be correct and he shall not be termed as Shaheed openly. If not then both Abid Sher Ali and Ansar Abbasi have to wait for another 25 years when Justice Sardar Aslam, after the tenure of current PPP Govt., would disclose the truth, like his fellow brother Justice (R) Naseem Hassan Shah has revealed the untold story in Bhutto's case recently. 

The honorable judges, as assumed generally, are like human beings but carry more responsibilities, would have realized that any biased verdict could cause more havoc and doubt especially those getting death sentences from their courts. They might be innocent like in case of Bhutto, if it is true what Justice Shah is saying now, or others hanged by now have every right to open up their cases to re adjourned. A fair judicial system is the survival-foundation of any govt., no matter Islamic or secular, and provides confidence to common men. That's how the last Holy Prophet (Peace be upon him) has categorically denied Osama bin Zayed (RA), whom he loved like a grand son, when he tried to help a rich and respectable woman of Quresh, Fatima, who had stolen something and was brought forward for hand-amputation punishment. The way, Pakistan's education system is designed pertains towards more confusion & pain to young students. On one side, we impart religious bindings upon youngsters to follow our beloved Holy Prophet (Peace be upon him) in all areas of life and contrary to that, when these young men & women, come to real life, they find whole environment full of lies, irregularities, and injustices. With present judicial system, at least, we should remove all such good sayings about the "true justice" from basic text books.

Another misery, the last nail in the coffin, in our present judicial system is the induction of NRO, which has paved the way for all wrong-doings and later pardoned. The most beneficial parties are late Ms Bhutto, her widower President Zardari, two of his close bureaucrats, and predominantly MQM workers, approx. 6572 cases withdrawn against those MQM workers, who had indicted in orchestrating city-wide strikes, firing, looting, kidnapping, torturing, and murdering of political opponents in Karachi including it founder Altaf Hussain. The whole deserves to ask that none of the honourable Judge, either in High court or Supreme Court, has raised his or her concern, like the Swiss judge, Daniel Devaud, who became upset when Pakistani authorities decided to drop cases against late Ms Bhutto & President Zardari for money laundering.

Farah Dogar case reminds me a true case of a girl, who missed to get admission in any of the medical college, because she was short of only two marks. In 2003, a girl from Karachi, who had topped in local college examination prior to board exams, failed to secure required marks to get entry into Sindh or Dow Medical colleges. She became doubtful about her marks & papers checking as she had done the best but failed to get proper marks. She was advised by her college teachers, friends and seniors to go for rechecking of her botany & zoology papers. She did by paying fee for two copies, but finally, after a painful journey of 3 weeks, told by the board that, 'we have checked the exam copies and found that there is no counting mistake and reassessment is not allowed as per board policy, with the help of which we could award two more marks to you.' Alas, the girl was denied to medical college to become doctor. After all, she had to leave the country, for better education, staying abroad, studying and working part time in hotels and shops, to meet her expenses. The only reason was, “my father wasn't the Chief Justice of Pakistan. I assume that it is the story of number of Pakistani girls -enrolled for education & living abroad- those denied education in Pakistan because their parents are not so powerful like our elite class to arrange few more marks for them!

Good Luck Farah!