Tuesday, January 08, 2008

Lazim Hai Hum Bhi Dekhenge

The present political scene has put the issue of deposed judges on the back burner. I am here trying to remind the nation again that in the midst of things we must not lose focus on the main issue. An issue that is of upmost significance in relation to putting the Country back to its normal phase. A homage to my present day judicial heroes at this moment is important to bring this issue back in the limelight. In 1954, the National Assembly of Pakistan tried to change the constitution to establish checks on the Governor-General's powers. In response, President Ghulam Muhammad dismissed the Assembly, the dismissal was challenged in the Supreme Court. President Ghulam Muhammad emerged victorious when the then Chief Justice Muhammad Munir upheld the dismissal in a split decision, despite the dissenting opinion written by the renowned Justice (later Chief Justice) A. R. Cornelius, and despite protests from the members of the Assembly.

Although, there have been Judges like Muhammad Munir in Pakistan’s judicial tradition we must also be proud of Judges like A. R. Cornelius for all times to come; defying power and establishment just as our present deposed judges of all the High Courts and the Supreme Court did. In 1954, there was only one Cornelius but today there are more than 60, who have stoop against power and generals. Cornelius was exemplary for these 60 brave Judges, tomorrow these Judges would be exemplary for their predecessors to come. No doubt this will give our nation and judicial tradition more heroes than villains. “Hum mehkumoon ke paun tale; Yeh dharti dhad dhad dhadkagi; Aur ehl-e-hukum ke sar upar; Jab bijli kad kad kadkegi” - Faiz .

Surely, we shall see the change in our Country by the valiant efforts of our past and present day judicial heroes. I salute my heroes and pray for their safety.

Asim H. Akhund

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