Editorial

Dr. Busharat Elahi Jamil

Justice is Just-Ice in Pakistan. Or we can say it denies the common folks through delaying tactics and serves influential stratums protecting the interests of certain classes and ruling elite. In Pakistan judiciary like other ruling elites use laws subjecting to their own drives. A certain social and politically hegemonic class have reigned the Country since 1947 with zero intention to represent Pakistan’s common masses and to safeguard the national interests.

The ruling elite and ‘’establishment’’ never reform the judicial system because this obsolete system supports their hegemony over the out-dated politisl of Pakistan.  From political murder of Z. A Bhutto to Nawaz Sharif’s attack on Supreme Court in 1997 and Rafique Tarar’s superfluous sympathies, they have ever been backing political elite. Lately, the role of establishment in the recent past defined by Miftah Ismail suggests that legal code of Pakistan is nothing but a doxy of powerful stratums in Pakistan.

PDM’s coup of May 2022 over the democracy, illegitimate legislations to ground NAB and the statement of Khurram Dastagir all seem approved through the silence of SC, which certainly mirrors Justice in denial. Courts are only eventful to facilitate and serve hegemonic classes and the layperson can only hope the time may heal or the issue may get media hype compromising their privacy.

There are certain elements in the society like deficiency in awareness, ignorance, less practice of human rights, poverty, illiteracy, personal interests of ruling elite, hegemonic ideologies of establishment and submission of common masses that work like endorsement for this crippled ‘rule of injustice’ in Pakistan where people are getting acquitted after the execution of death sentence and many imprisoned for decades waiting for the court’s verdict.

“The country’s superior and lower judiciaries are dealing with a huge backlog of 2.144 million cases as 4.102 m cases were decided and 4.06 m new cases were filed during 2021…” (Daily Dawn July 13, 2022). Comparatively, the number of judges in the courts is extremely low, judicial system is biased, bar councils and lawyers usually try to suppress the courts, even in many cases they have tortured and abused the judges in the courts.

According to the reports Pakistan is standing on 130th position out of 139 in rule of law. However, judges particularly from higher judiciary nevertheless enjoying lavish and elite privileges. As Islamic republic, the practice of rule of law should be the key responsibility of a state, but discriminations have put Pakistan on the trail to a socio-political anarchy. Rule of law, appropriate explanation of the laws and judicial codes by higher judiciary is need of the time. Judiciary should play its role to strengthen the rule of law because justice delayed is justice denied, and Pakistan is in no position to face its consequences.