KARACHI: This is with reference to the excellent article by Mr Feisal H Naqvi titled “Time to lead by example” (March 12). In this article, the writer urged the superior judiciary to initiate trials in the high courts (just like the Lahore High Court acted as a trial court in the Zulfikar Ali Bhutto case) of cases that are of paramount importance to our country’s existence.
Taking suo-motu notice of cases like the recent Badami Bagh attack on the Christian community will mean nothing in the long run. Yes, a lot of back and forth jugglery by the Punjab government will make headlines. Yes, the tough questions that the Supreme Court will ask will be the talk of the town for a few days. But then in a few weeks’ time, it will all be old news. The case will take years to be tried in the lower courts. And in the end, if the Christian community is lucky, one or two culprits may be punished. In 2009, the Christian community came under attack in Gojra and until now, we have heard nothing about it. I am afraid that the same fate awaits this suo-motu notice.
I am of the firm view that our government has become so paralysed that it has not and cannot think straight anymore. Thus, in this vast vacuum of inaction and leaderlessness, the Supreme Court has assumed a leadership role mostly through taking suo motu notices. I am also of the view that once a suo-motu notice is taken, the case should be heard only in the high court and proceedings on it to be completed within 30 days, with only one appeal allowed before the Supreme Court, and that, too, to be decided in another 45 days.
Then perhaps, criminals will fear the courts and we will be able to bring change in this country. Then perhaps, the rule of law will prevail. And then perhaps, justice will be seen as having been done.
Salman Munir
Published in The Express Tribune, March 20th, 2013.
