March 5th, 2014

Pakistan's Judges and Lawyers - Questions They Must Answer

 
A very thought provoking piece I found on the net. Read it and was moved and wanted to share it with those who have eyes, hearts and ears and are not deaf, dumb and blind. The State of Pakistan has come to its lowest ebb and now the judgement is being out against the judges too. Read it slowly, ponder deep and then recite astaghfar for yourself, family, nation and the Ummah. Today, Allah has made Pak army/FC as the custodians of this Millat but these very institutions are humiliated and insulted by the judges/media/politicians. Imagine, if the army goes on strike????

Advice: This article is NOT for idiots, beyghairat Brigade and SAFMA snakes.

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The criminal terror attack on Islamabad court and death of 11 innocent persons, a young woman included, who were just doing their daily duty, was indeed a tragedy and must not be condoned. A Judge and some lawyers were targeted who died. Allegedly, this judge had turned down Lal-Masjid application against President Musharraf and the clerics-turned-terrorist decided to settle the score with the Judge. Lawyers and passersby just became collateral damage.

Whatever be the reason, the mastermind behind this barbaric act must be hunted down and punished.

The CJP made angry statements and wondered, "how could such great tragedy occur despite intelligence agencies and security forces?"

And this is what creates questions, many questions which the Honourable CJP , if he happens to see this, must try to answer. And perhaps the lawyers should also question their blind acceptance of cases, no matter what as long as a hefty fee is lurking on the horizon, Mr. Akram Raja and Aitzaz in particular.

The growth of terrorism in the country and indeed, even crime is primarily due to the Judges and lawyers. The Police and witnesses take the second stage of being blamed for providing no or not-enough evidence.

It is the judges, led by the former CJP Iftikhar Choudary who have been letting off the criminals, insulting police, FC and Army brazenly. Iftikhar used to treat IGP and General officers worst than a peon. He thought he is actually a LORD and tried to settle the score with Army and its Generals for his erstwhile mistreatment.

The Police, FC and Army have remained disciplined and continue to perform their duties at the peril of their lives. Five General Officers, several Brigadiers, several IGP/SP level officers have been killed. Thousands of lower ranking officers and soldiers have been killed and maimed by the terrorist attacks. But No courts ever closed down, no CJ made a statement on soldiers' killing. No lawyers went on strike.

Instead the courts are mindlessly pursuing cases of 'missing-persons' and releasing known murderers for want of iron-clad evidence, something perhaps desirable when there is peace in society. Courts look at FC and Army as criminals and look at the terrorists and criminals as innocent persons. What makes Judges holier than thou? More humane than the Army? Should the Judges be with the Army? Or against the Army?

Indeed, hatedly-departed CJP Iftikhar went on a charade of 'ascertaining the causes of anarchy in Balochistan and Sindh through regular visits to Quetta and Karachi. He addressed media, attended social functions and enjoyed the protocol fit for a head of state. While non-stop criticizing and insulting FC and Rangers, he demanded Security from them only, which was indeed, not allowed by law. But he twisted the law as per his convenience.

These visits ended up by regularly insulting the senior most Police, FC/Rangers and Army officers. Why did the CJP not dismiss the Balochistan and Sindh governments and ordered the trial of both the corrupt CM, their ministers and the PM for gross violation of the oath of office?

His biggest purpose in holding these frequent meaningless Hearings started to appear nothing but demanding presence of senior Army and Police officers so that he could humiliate them. He started demanding their attendance on daily bases as if they were the criminals and started threatening to send Police to arrest Commanders of FC and Rangers. He actually wanted Police to arrest IGFC, a Major General commanding some 45000 men and produce before him. He released terrorists, despite the requests of Agencies not to do so. The same released-terrorists committed murders shortly thereafter.

Perhaps one of such released terrorist attacked the Islamabad Court?

His contempt for security forces is fully reciprocated across rank and file. Police, Rangers, FC and Army hate Choudary Iftikhar for his low and unbecoming behaviour and hold him in highest contempt. Yet, the people in uniform have not compromised on discipline and not abdicated their sworn duties. So they go on diligently protecting Judges and public and almost daily some get killed. Pakistan Army's ratio of officers being killed with that of the soldiers is highest in the world. Do the Judges not see this?

The new CJP, Jillani is trying to copy Iftikhar, albeit, to a far far lesser degree. He will do well if he behaves like a CJ and not like a Chief Jester with whom the nation had to put up with for 10 years. There are 197 countries, he can study the conduct of those CJ and try to behave accordingly.

CJ Balochistan had ordered registering FIR against President Musharraf, Governor, Interior Ministers and so many more for killing Bugti. He belongs to Balochistan. Did he not know the history of Bugti? Did he not know how Bugti had turned into a terrorist and finally committed suicide? He should have asked Qadir Bugti, defecto nawab even now, rather than try to humiliate the Army which sacrificed several of its officers and men. Bugti had invited the Lt Col surrounding his hideout for surrendering. Instead, he sprayed bullets of the officers killing the Col, who had brought along three majors and a Capt to honour Bugti. Bugti, instead of surrendering blew up the cave thus dying.

But Qazi Issa ordered registering of FIR on request of Jamil Bugti after two years. It was again Iftikhar who wanted it to be registered. Qazi could not refuse Iftikhar as from being a corporate lawyer in Karachi, Iftikhar had made him CJ of Balochistan in one go.

How many such FIRs are going to be registered on orders of CJs against the Police, Rangers/FC and Army officers in Balochistan, Sindh, FATA and elsewhere? And why only an FIR for Bugti against the COAS/President General Musharraf? Why not against the CJS, DGMO, Corps Commander, Division Commander and the Brigade Commander? CJ Balochistan, Qazi Faiz Essa, Your Lordship, you must answer this.

What will it do to the morale of the fighting forces? The FC/Rangers and Army are fighting a war. If the judges do not accept this reality and go on humiliating officers and soldiers, how long do they think this disciplined force will show respect to them? Or remain effective? Please answer these questions.

Today, ask even a soldier, he thinks, Judges and lawyers are compromised and a big, very big reason for terrorists roaming freely.

When confronted with a threatening situation, a soldier has only fraction of a second to decide whether to shoot or be shot and get killed. He is trained to kill first, Not trained to get killed. If he kills without malice, no charge Must be leveled against him. He does not have the pleasure that Judges and lawyers enjoy of indulging in endless debates sitting in comfortable court rooms with no threat to their lives and no value of seconds. They can adjourn the court; a soldier cannot adjourn the situation.

The Ranger's soldiers who killed a gun wielding criminals in Karachi two years ago has been sentenced to death. SC has not mitigated his death. Why have the circumstantial evidence, the psychological stress on the soldier been ignored by the judges? So that the Judges look good punishing a soldier? Whipping the Rangers/FC, Police and Army has become popular hobby with the Judges, media ad politicians. Will it ensure security? Is it justice?

The Judges should now realize how it feels when a colleague is killed.

Soldiers are under intense strain, day in and day out under the threat to their lives, doing duty often 18 hours a day and they can make wrong decisions. They can even kill through that wrong decision. All such killings must be taken as done without malice due to the fog of war.

Judges do not have the same privilege. They must make fair, well considered, wise, balanced and just decisions, always remembering what if the tables were reversed.

Fear of God, of course, is a much higher consideration but one can leave that aside. When one is CJP or CJB, or even a Judge, God is apparently forgotten.

Then there are several cases which have been fabricated against General Musharraf by various characters, including the politicians who wish to belittle Army ensuring no future coupe takes place. All the Judges have visibly handled these cases most unlawfully. They appear prejudiced and in violation of law and rules of business. This is obvious to all.

Do the judges understand the culture of armed forces?

Army looks at its retired officers with the same respect and affection, all over the world, by the way. General Musharraf is still a General and enjoys the respect of people, especially those who have been and are still in uniform.

The armed forces are the only institution where everyone takes an oath to perform the 'assigned task' even at the peril of his life. This creates great comradeship, loyalty and the commander and commanded become like a father and a son. This bond is peculiar to the armed forces and far more strong than in the civil hierarchy. This and the comparison of General's nine years' rule with the likes of Nawaz, Gilani, Zardari and Iftikhar makes the General all the more respectable and admired.

The judges and paid lawyers who frequently humiliate him, should know, tables can get reversed without warning. They should inflict only that much pain, which they should be willing to take. Is this terror act a good reminder?

The attack on Court and death of the Judge is very sad, very wrong, but why have the Judges and the Lawyers noticed only now and gone on strike? Why not when soldiers are being killed?

The last question; Honouarble Judges, are you with your Security Forces or With the Terrorists? And will the Lawyers also try to mull over this question? Please?
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