Pakistan has not had rule of law ever since the first general imposed martial law.
KARACHI: At a recent Pakistan Judicial Academies Summit meeting in Karachi, the chief justice of Pakistan (CJP) noted: “Where there is rule of law, resultantly the people hold confidence in the ability of state institutions to provide justice and security.”
Pakistan has not had rule of law ever since the first general to impose martial law abrogated our fledging constitution and the Supreme Court of the time acquiesced to the ‘doctrine of necessity’. History has proven that it is a few who determine the strength, efficacy, reputation and credibility both of the institutions and the nations they represent. Our parliamentarians often allege a ‘breach of privilege’ when their shortcomings are pointed out. Very occasionally, our superior courts have resorted to ‘contempt’ and only recently has our military suggested that the media be careful in commenting on it. Contempt of the people carries on regardless.
So the question to the CJP is, where do we go from here? There is no rule of law in Pakistan, and pointlessly exhorting everyone to work honestly and diligently is the same as Interior Minister Rehman Malik asking the police to arrest all rapists and crooks. When most of our institutions remain deliberately flawed and we see no visible solution, should this mean that we emulate what the Rangers recently did? As a shootout a few days ago — at a party in Karachi’s DHA in which at least six people died — showed us, faster and bigger guns win both the battle and the war.
Is there hope that the stage has come when the judiciary and the military will join hands and work within the bounds of the constitution to reform their institutions?
Dr Mervyn Hosein
Published in The Express Tribune, July 3rd, 2011.
