Yeh Jang Hey 'This is war'
By Amjad Malik
 
I was fortunate enough to welcome and listen to Ali Ahmed Kurd , president of the supreme court Bar association, and one of the stalwart of the lawyer�s movement who was visiting London to attend English legal year�s inaugural ceremonies on the invitation of the British law Society and Bar Council. Kurd is one of the most well liked person from Baluchistan who has consensus as well as character in his kitty which of course will be an asset for national use in future, in particular unrest & violence ridden Baluchistan.
During his 10 days tour, though I found him very tight lipped about lawyer moments secrets but there was a discreet anguish somewhere down the line20as to what if the aspirations of people are not met, what will they do, and what is the duty of lawyer leadership who made many promises. He was optimistic about results, but I found him positive about restoration of chief justice during struggle when he spoke in May 2007 at Constitution Avenue. That sting was lost during the process.  May be politicians have disappointed him or judges took their time to build their long inning which piled up the complaints. 
Lawyers got arrested, beaten and lost their livelihood for almost 2 years since 9 March 2007. Brave judges gave many sacrifices for the judiciary who can truly initiate process of administrating justice at the door steps of a common man. But I felt, people are getting confused as the things they are asking from judiciary is the job of executive. During several talks, it was British lawyers concerted  view that flour, sugar and lentil along with provision of basic amenities i.e gas, water and electricity supply is the constitutional job of chief executive and if people started going to top judge for this then there will be an impression created though falsely that a parallel qua sai executive exits at constitution avenue where those affected may submit an application. British lawyers were very appreciative the great work of lawyers as some senior s barristers said that rule of law comes to west in a plate and when we hear people going to jail for political civil rights which is nearly non existent for young lawyers in UK, Its a good lesson for them that rule of law does not come easy.
People of Pakistan are bitten badly in the past and do not afford neither any adventurism nor raising of false hopes. Independent judiciary to me is a national cause and it comes with the social charter in a package. Judiciary does not become independent with the restoration of one judge or with one decision, otherwise it would have been freed on 20th July 2007 when Justice Ramdey broke the good news to the nation, but we saw the unfortunate events of imposition of emergency cum martial law on 3 November 2007.
To me, political maturity is the pre requisite to march on the road of justice where politicians will have to surrender to the will of parliament in return to strengthen the judiciary as a referee and a guardian of the constitution by appointing god fearing judges, giving them financial autonomy, security and separating completely judiciary from administration. Good lawyers become good judges and the process must be non political and thoroughly professional. I disagreed with Ali Ahmed then in May 2007 that versatile slogans can only get crowd and called it a �war20of words�, and I had a difference of opinion which was well respected even now, that we must pin hopes on strengthening the law making body if we are truly interested in independent judiciary ever as is envisaged in� Charter of Democracy�. But one thing was sure that Pakistani lawyers once again has inspired the debt ridden nation to think, to dream and see its physical results. Lawyer moment is non violent political struggle for the rights of the people which contain many avenues which all open at the need to strengthen the parliament which is clouded by over 3 decades of military dictatorship(s).
Accountability of judiciary and military is only possible when our elite class adopts simplicity and transfer their permanent abode to Pakistan with their multi billion pounds portfolios too. Nation takes guidance from their leaders, mentors and political figure heads. Our politics needs to be brought on the lower tier of simplicity where corner meetings with the aid of vibrant media restore confidence on political process and ignite the passion in middle classes to go for political electioneering. Change is the requirement and atmosphere is conducive, unless middle classes come forward and take the lead, the army which consist of multi colour culture and geographical heritage will continue to change the colour of the governance every now and then, which is not an honourable option.
Kurd no doubt is at pains when he says its a war and will continue until the system is changed. It is true that Pakistani judiciary in the past is contaminated with the decisions of Maulvi Tameez uddin, Nustrat Bhuttoo, Zafar Ali Shah and Takka Iqbal and it always favoured Hans Kelson�s theory of law of necessity. We also witnessed that the new judiciary gave a judgement of 31 July 2009 banning its judges not swear oath of allegiance to any one man in future. In fact it went one step further and issued contempt notices to those who breached the orders of its law lord of 3 November 2007.  Its easy to guess that justice Chaudhary means business, but I am afraid unless he is given political support at the end of parliament he will be alone whilst he is a judge. Lets hope political maturity prevails and people have accountability of our public office holders which they desire for years, but for that our leaders political or military will have to become Pakistanis first at some stage.
Amjad Malik is a Solicitor Advocate of the Supreme Court and may be reached at amjadlaw@hotmail.com