Former president of the Supreme Court Bar Association (SCBA) Asma Jahangir said on Saturday that a number of judges would be sent packing if constitutional clauses (Article 62) applying to politicians were used for the judiciary.
Speaking to lawyers at a seminar on the independence of the judiciary at the Peshawar High Court, Asma said Article 62 could send parliamentarians home for not being “Ameen” but it also could send home judges if applied to the judiciary. She questioned the judges who took their oath twice as to whether they remained “Ameen”. Ameen roughly translated from Arabic would mean a trustworthy person with whom people leave their belongings for safekeeping without fear of being misused. In the constitution, the term has been used to define one of the many qualities of a candidate.
She stressed upon filling the vacant seats of judges by appointing them on merit and keeping in view their capability and integrity.
“This system is collapsing and only the bar can save it,” Asma said. “Article 184 (3) meant empowering the vulnerable but it is being misused.” The said article of the constitution is used for suo motu actions.
Former Supreme Court judge Sardar Muhammad Raza expressed concern over corruption in the judiciary. “If judges are dependent, dishonest and guided by a whimsical approach, the judiciary is not independent; it is, in fact, not a judiciary.”
In the decisions they make, he said, judges are often influenced by their upbringing and experience.
“A corrupt judge is not a judge at all, much less, independent,” he said. “It’s better to be a broker.”
Raza said the current manner of selection of judges in the superior judiciary will make judges subservient to the government as well as political entities.
Published in The Express Tribune, September 23rd, 2012.
COMMENTS (14)
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brave lady
We have seen that she has become a PPP political hack, how come she never criticizes the rampant corruption in the government headed by a corrupt President and Prime minister. She is aiming to get some kind job like Aitazad .Hasan did, now he is singing the praises of Zardari. This woman has lost her credibility when she aligned herself with the current ruling class in Islamabad.
@Najeeb: Our judiciary doesn't need MS Jahangir's help to be defamed, only our revered Chief Justice and His Bunch is enough to do that and the famous world's legislatures have already made us as a laughing stock.
Current Judiciary is a product of favoritism, incompetence, bribery and dictatorship and is a product of degrees on the basis of answer five out of fifteen questions and you pass if scored thirty three percent of it. Very very low standard of competence and Ms Jahangir is right to point out the 'interpretation our Judiciary style'. Any good judge doesn't contradict the past judgement let alone contradicting by itself.
No body cares for her expert opinion as she herself is totally biased and got exposed repeatedly.
Find out Who is funding Asma Jahangir? She certainly have an agenda . Whose Agenda is this, we need to find that out? Why is she not for strengthening Rule of Law? She looks on the other side and other side is the side of Thieves, Looters and Pillagers.
Our Judiciary does not have the capacity to deliver justice. The pendency of the cases is so enormous that judiciary will never be able to deliver in its present state. I some how has lost my apetite to listen to the gimmicks of the bar and bench. It is business where bounty is shared by bar and bench. For me it is just a business, so there is nothing holy about Judiciary. They as a matter of fact are running a tea stall (KHOKA).
Asma is courageous and brave in her comments and analysis, like always. She is pointing towards a very serious issue. We must not forget that the judiciary in our country has a checkered history and even the lawyers movement could not bring about any philosophic transformation of the institution. Asma is only calling a spade a spade without being judgmental. Voices like her should be kept alive as they are a beacon of hope...though a feeble one, against the forces of bigotry and irrational tendency of adherence to personality cults.
article 62 may first of all be applied to CJ of SupremeCourt
She means that the present Judiciary is like an emperor without cloths.
there are concerns over her integrity herself ...no not mention her intentions when it comes to supporting traitors #HussainHaqqani ....
Why the people don't comment on these type of expert opinion on interpretation of constitution? Perhaps the ET readers does not like independent expert opinion on one of pillar of society and democracy for upholding the rule of law and justice.
A Peshawary
She is out to defame the judiciary and salvage the looters and corrupt. weldone madam you are the human rights activist. Shame