Ball Is In Your Court
By Amjad Malik
28 September, 2007
Countercurrents.orgOn 28 September 2007, nine member bench hearing the identical constitutional petitions comprised of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M Javed Buttar in their short verdict dismissed all the constitutional petitions declaring them not maintainable by 6:3, as a result the top judiciary threw the ball in the court of parliamentarians who gave exit to a military man to re decide whether President General Pervez Musharraf could win the presidential elections with their votes on 6 October 2007.
Though the judgement is quite to the contrary to the expectations and wishes of the people of Pakistan which were raised by the judgement of 20 July by Justice Ramdey’s court but since its early days of this newly achieved independence as a result of lawyers movement therefore the legal hawks were expecting this sort of mild decision on the logic to save the system thus avoiding martial law the old fear in Pakistan at all times and SC once against lost the chance to nip the evil in the bud and bury ‘the law of necessity’ forever and exit military from national politics. However SC refused such relief inviting the Parliamentarians to do the dirty themselves and decide whether they wish the General to be elected or not. Its up to them what they do.
This is the time that main political parties must consider the options to vacate the electoral college before he is re-elected or if its too late to put all the efforts behind one neutral candidate to show spirit of participation in electoral process otherwise people have to put up with military controlled democracy for further five years which may result in tragic incidents like 1971 looking at kidnapped army personnel’s in Waziristan and wishy washy statements on Dr Qadeer Khan.As the battle for true democracy, rule of law and justice in Pakistan has not finished and it will be unwise to link it with one judgement or with one judge because it has merely begun with this decision, and one thing for sure SC closed the doors of going to courts every Friday for seeking political decisions. Its up to the politicians to close the gap of constitutionally improper accommodation of any individual ultra constitutionally against the letter and spirit of the Constitution of Pakistan wherever it is with unity by sheer intelligence, reconciliation and consultation in the wider interest of the state and in order to promote democratic process.
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales and a chair of Association of Pakistani Lawyers (UK)
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