AN OPEN LETTER TO THE CHIEF JUSTICE OF PAKISTAN By Abdul Salam Dadabhoy

Lordship,

The Judicial, Legal and Political fraternity in Pakistan seem to hold the Constitution of this Islamic Republic,in very high esteem, which is evident from the fact, that they quite often appear to treat the same and referto it as something very holy. If the constitution is indeed worth being treated as something divine, one is compelled to point out, that the objective clause of this very constitution stipulates, that Pakistan is an Islamic Republic and anything repugnant to Islam, Shariat and Sunnah shall be construed as againstPakistan. With this objective clause of the constitutionin perspective, one is keenly intrigued to find out, if your Honor has ever noticed, that in an Islamic country spanning approximately 450,000 square kilometers, one would hardly find 450,000 square centimeters, where Islam is being implemented and practiced in letter and spirit. Unfortunately, as it is,Pakistan (which was created in the name of Allah andProphet Mohammad (PBUH)) and the courtsfunctioning herein can only claim to be Islamic, in as far as name is concerned and that’s about all.

Your lordship, since quite some time, while addressing as a guest of honor, on different occasions, your good self has been expressingserious and severe dissatisfaction and disappointment, on the issues of corruption and bad governance prevalent in the country. This may seem appropriate for a toothless commoner, who is helplessand incapable of doing anything, other than ventilate ones' emotions and sentiments, but not for your Lordship, who heads the apex court in this country. I am hopeful your Lordship would be kind enough to visualize and realize that your Lordship after all is not as helpless and powerless, as is being portrayed.

Your Honor, though as a concerned citizen, one is seriously perturbed about the judicial back logs piled up in courts, all over Pakistan and the average time it takes, for disposal of judicial matters, of which your Lordship may already be aware, one does not wish to waste your very precious time, in discussing thisaspect. One would rather avail this opportunity to point out, that our courts under your august domain proudly proclaim, that they adjudicate on the basis of the evidence/s brought forth. Your Honor, kindly correct this incumbent if wrong, but in the true sense of the word, as well as in the civilized world, providing justice means arriving at facts and figures, conducting research, finding the truth, providing relief to the aggrieved and doing all what it takes, to dispense fair and equitable relief.

With all due respect and with all humility at ones’command, it is being pointed out and hopefully your Lordship may very graciously agree with this observation, that the Honorable Supreme Court has assumed a very docile and submissive posture, ever since your Predecessor exited. It would not be an exaggeration to state, that the role played by the Honorable Supreme Court, in the days of Chief Justice Ifthikar Mohammad Choudhry (Retd) and today, are as opposite to each other, as a bright sunny day is to a dark night. The Honorable Supreme Court then was like a black hole, pulling everything towards it, for SuoMoto actions, ranging from milk prices, to regulation of CNG rates and even on a trouser hanging on the wall of the Supreme Court building. These are in no way, or manner, words of appreciation, or admiration,of the Honorable Supreme Court, headed by the Ex Chief Justice (as his Lordship then was), but this maynot be the most opportune time to dwell, on the details of that period. However, currently the Honorable Supreme Court seems like a cocooned caterpillar, as if the Suo Moto powers vested in your Lordship, have ceased to exist. The kind attention of your Lordship is drawn to a few matters of national importance, in which the truly helpless and oppressed people of this country expect and await a very aggressive posture from your Honor, some of which are; 1) Judicial Commission findings regarding rigging in Elections of 2013; 2) Model Town murders; 3) Kasur molestations; 4) Arrest of RAW agents from Ramzan Sugar Mills and now 5) The Panama Leaks;which if proven, may include disqualification of several public office holders and severe punishmentto those involved in money laundering and corruption.

Your lordship may agree that every position, portfolio and life itself, with all associated good and bad things,has to end one day. While your good self is still in office, please be kind enough to at least ensure, that vital institutions of the state, for example Election Commission of Pakistan (ECP), National Accountability Bureau (NAB), Federal Investigation Agency (FIA), Pakistan Electronic Media Regulatory Authority (PEMRA) and National Database and Registration Authority (NADRA) etc; function as sensitive and responsible state institutions and not as courtiers of the present government.
Your Lordship may also kindly agree, that after retirement from this office and authority, your Honor’s deeds, actions and legacy would in factdetermine, the words and memories your Honor will be remembered with, which is a universal fact, in the case of any and everyone, who has ever held a position, capable of altering the course of history.
Allah o Akbar !! Pakistan Zindabad !!

Respectfully,

Abdul Salam Dadabhoy.

About the author::
Abdul Salam Dadbhoy is a Director of the Dadabhoy Group, he is an ardent writer / blogger and has served as Vice Chairman of the Korangi Association of Trade and Industry.

Graphics::
Designed by Iftikhar Ahmed Khan, SMT member, Central Creative Team

by webmaster@insaf.pk (tkiadmin)