GREAT RESPONSIBILITY OF JUDICIARY IN PRESENT ANARCHICAL SITUATIONS.

            The word "anarchical" in the heading has been attributed to the repercussions of the so-called "war against terror". The war against terror gave results as neither desired by the U. S. nor brought tranquillity to the Pakistani society. U. S. gave us 75 Billions dollars but no one has the courage to ask from those who received this amount to account for this huge amount. The war against terror is a blessing in disguise for those Pakistani and American authorities who have staged this drama just to benefit themselves at the cost of Pakistani and American people but much to the cost of Pakistani people where the actual drama has been staged. Pakistani and Americans are pitiable because ultimately they are the actual sufferers. The American Government is destroying the money of the people of America in futile military exercises in various countries either in one name or in another name. Previously, communism was declared a threat to the interests of American people and now "Talibans" have been presented to them as a threat to the international security. The American people are naïve and gullible people in the sense that they have always accepted the logic of their leaders, which afterward has been proved by the history as nonsense.

            The same is the situation in our Country. Here previously the Soviet Union and its system were declared a threat to Islam and now those who had been used against the Soviet Union are facing same charges. Pakistani nation is between the devil and the deep sea. From one side the people are receiving bombs and bullets, from the other side the opportunist business and industrial classes have realised the predicament of the Government and people, and are raising the prices of food items rapidly having no fear of the Government.

            In this situation, the role of the Judge, Court and Lawyer has increased. The eyes of the whole nation are now towards the High Court of Islamabad where the case about inflation and price-hike is sub-judice. This matter can be best analysed in the Court as the Court has the power to ask for each and every document and each and every person related either directly or indirectly to the issue of the prices of the items of daily use. It is not fair to link every matter to the international market. It has been noted that in the democratic Government, the persons elected have different kinds of backgrounds but the majority of them belong either to landed aristocracy or to business, industrial or marketing class. Now these people are not foolish to legislate against their interests and that is why if the Prime Minister belongs to business, industry or marketing class, he sets the priorities in such a way to benefit his class. When the Government changes in Islamabad, every thing changes. The common man has no authority to say anything or to highlight that which is necessary to be done.

            The complete silence of nation on the war of terror implies this fact that there is complete dichotomy between nation and the Government since it has begun. The nation rejected the policy of President Musharraf and has no intention to back the determination of the present Government. The bitter defeat of the allies of Musharraf in the election is the proof of this fact that nation is not a partner of any Government in any adventurism. People have fed up of the somersaults in the Foreign Policies. At one time, it was said that Soviet Union, India were against Pakistan but now "Talib" has been targeted and in future it is possible that U. S. may be declared enemies of Pakistan. The opportunist and dollar-hungry maulvis were used to justify the acts of Government from Quran and hadiths. The enemy of the Pakistanis is only that person who got dollars from the U. S. and other Countries in the name of the people of Pakistan but did not bother to spend a dollar for the amelioration of the living condition of the people during last 61 years.

            Those who advocate for an independent judiciary should also work for a strong judiciary because only an independent and strong Judge can find out the real reasons of the grievance of the people in the Court fearlessly. The next step is the effective implementation of the Judgments of the Court. The District Administration should be held responsible for either non-implementation or ineffective implementation because it has direct interaction with the general masses.

            The present political Government has faced a dilemma. If it endorses the measures of Musharraf both relating to domestic an foreign affairs it will lose the political backing of people (which is already weak) and if it does not it cannot sustain the pressure from inside and outside forces whatever it may claim publicly. Reality cannot be shrouded. But it is a fact that the problems of the people are increasing without having any signs of improvement.

            Judiciary has a great role to play because it is the only ray of hope at present and it should apprise the nation about real facts and should expose those faces boldly which are responsible for the present condition of the people.

            More hazards of the National Reconciliation Ordinance are yet to be enjoyed by the people. This Ordinance has emboldened every "prospective corrupt" of this Country to loot it on the faith that another Musharraf would come to front for proving his innocence in shape of issuing another such law and would hands up the judiciary and other State institutions to take action against him. The judiciary has to dispel such impression otherwise no substantial and fruitful results would come out of the judicial processes in any matter of public interest. The common man is in extreme distress and that is why the percentage of voting in February 18 election was only 42 percent which is insignificant when compared with that of the election in Cuba which is 96 percent. It means the people have detached themselves from the affairs of the State despite the repeated requests of the Government to help it in the war against terror and other matters. It is for this reason that the policy of war on terror was neither discussed nor approved by the previous Parliament nor by the present Parliament so far since its first session. The people have now left all the affairs either to Army or to America because both these authorities have very close relationship on every matter relating to Pakistan's domestic policy as well as foreign policy. The people's representatives have been considered either not fit to be consulted or having authority to discuss or formulate a policy. Army and America have realised this fact and that is why the Army Chief gives briefing to selected leaders of the Government in order to give them the feeling that Army is now participating them in the policy making process and in order to get legitimacy from the Government for the actions in various parts of the Country. The Americans have realised that without the support of the people they cannot achieve their desired goals. However, the American should know it that their success is only in friendship with the people of Pakistan and real friendship can be established only when the dollars, which are given to various authorities in Pakistan, are spent on the welfare of the people by these authorities otherwise mere payment is not sufficient. They will have to change their policy of payment, as it has neither brought any happiness to the people except destruction and misery nor brought good reputation to the U. S. Government. The American should also know it that more instability in Pakistan will create more problems for them and for the Army. The people of Pakistan are patriotic, fully united against any foreign aggression but they want to be shared in the Dollars so far received from foreign countries in their name for their bright future.

            Now no maulvi or the rhetoric of a political leader can persuade them to rise against the U. S. because they want to know what reward was given to them for the disintegration of Soviet Union. For any further adventurism, the happiness and economic well-being of the people is the only condition. General Aslam Baig was right decades ago when he said that wars are fought and won by the people. General Pervez Kayani is also well aware of this fact and that is why is struggling to retrieve the lost confidence of the people. Keeping in view, the statements and views of the Army Generals it is requested that both the Army and Government should analyse the situations objectively before taking any action. The business and industrial classes have already polluted the atmosphere for them by hoarding and price-hike of those items which are used even by labour, peon, clerk, teacher and unemployed. Who will come to the rescue of these people? The intellectuals of Pakistan are requested to help the people by rightly guiding the Government. (If someone differs with me he should present a more effective solution of the present turbulent situation).

Manzoor Ahmad

Marghuz Balar Khel, District Swabi, NWFP, Pakistan.

Dated: Sunday, 14 September 2008.