- A well-functioning judicial system is crucial for providing justice and remedying societal ills.
- In Pakistan, pressure from political and religious groups often undermines the functioning of the judiciary.
- The judiciary should be an independent and impartial body, making clear decisions irrespective of caste, color, or creed.
The only way to obtain your rights from somewhere is through a country’s judicial system. If the judicial system is working properly, then all the ills of society can be remedied. The proper way for the judiciary to function is by providing justice within the appropriate time frame. A verdict should not take more than two years to be delivered, nor should it be rushed into a short period of time. Both tactics can result in injustice. This is what we call “justice hurried, justice buried” and “justice delayed, justice denied.”
All the ills of Pakistan can be remedied if the judiciary works properly. If they hear cases within the appropriate period of time, then there will be no loopholes for the judiciary to provide justice. Unfortunately, it is unable to do so. How can a junior judiciary disqualify the Senior Judiciary Chief Justice Sadaqat Ali Shah? Even the constitution does not allow it. Because of pressure from political parties, religious groups, and other pressure groups that do not want the judiciary to function properly, they only want the judiciary to work for powerful goons, individuals, elites, and to demand decisions they wish for.
The powerless are unable to get justice for years. Recently, a man charged with goat theft was found innocent after thirty years of being buried in jail. Now, the question is, who is responsible for diminishing his entire life for no reason? Who will compensate him for the thirty years he spent in jail? The answer is blank.
On the other hand, the powerful get bailed out within a few months. Criminals like Shahrukh Jatoi and Rao Anwar get rid of jail in a few months, even though the judiciary knows they are guilty. But it works for the elites, and decisions are made based on their wishes. They are treated with luxuries in jail, such as televisions, beds, and pillows for relaxation and entertainment. Jail is not really jail for them.
From here, we can imagine how it could be possible for the judiciary to provide justice for those who really deserve it, as the opposite happens, and the underserved get justice quickly. There are thousands of cases pending in the Supreme Court, but they are not getting resolved due to powerful political cases. People are watching TV and listening to the powerful elites’ cases, which are resolved quickly. But those who have been in jail for many years are still spending their days there, and their families are waiting for them. The situation is getting worse day by day, but the shortage of judges and courts cannot be fulfilled to the people’s desire.
When Churchill was once asked why he did not take action while London was being bombed, he responded by asking whether the judiciary was functioning. The guy replied yes. Then he said there was no need to worry about it. That is the power of the judiciary.
Furthermore, in Pakistan, judges’ lifestyles are totally different from other parts of the world. In countries where democracy flourishes, there is a system in place. Judges can go to officials’ houses, private gatherings, and they do not attend marriage ceremonies of any officials. In Pakistan, these things are totally opposite. They can be seen in private gatherings, marriage ceremonies, and build family relations with high officials. How can we expect justice from them? This should be avoided if they want to provide proper justice.
The judiciary should be an independent and autonomous body of the executive and everything else. It should make clear decisions irrespective of caste, color, and creed. As a result, the country’s legal system will take its place.