Pakistan

31 July'09 will be remembered in the history of Pakistan for the landmark judgment given by Supreme Court of Pakistan. The 14-judge bench of the apex court declared all the emergency of 03 Nov'07 illegal and unconstitutional. The appointment of judges following the emergency order becomes illegal and unconstitutional as a result thereof. So, about 110 judges; 15 judges of the Supreme Court, 41 of the Lahore High Court, 27 of the Sindh High Court, 10 from the Peshawar High Court, all five of the Balochistan High Court and eight of the Islamabad High Court and four from the Federal Shariat Court. Most of the actions taken under the emergency order have been declared invalid. However, the oath taken by Mr. Asif Ali Zardari as President of Pakistan has been accepted as otherwise, it would have destabilized the system. The verdict has also declared that NRO be validated by the parliament by giving grace period of 120 days.

This judgment by the apex court is going to have far reaching effects on the judicial, constitutional and political history of Pakistan. The court has denounced successive military takeovers over the past four decades and their endorsement by the superior judiciary. The verdict has closed the doors for future military take overs and has strengthened democracy. The verdict has also caused a concern for the beneficiaries of NRO.

The credit of all this goes to Chief Justice Iftikhar Mohammad Chaudhry who refused to bow before a dictator and the lawyrs' movement that followed thereafter until the restoration of the former. It are such like personalities and movements which change the course of history of nations. I wish we had more of such like persons to lead the country, as, perhaps one man alone, is just not enough to put plethora of things right in our country. owever, a beginning has been made. If our political leaders choose to folow the foot steps, which is least likely, it's not late yet to put our country on road to progress.

These days, media in Pakistan is cluttered with the news about the proceedings going on in the Supreme Court about the ex military general Pervez Musharraf who ruled the country from 1999 to 2008. Although so far neither Gen (R) Pervez Musharraf has appeared in person nor has any one represented him in the court. The general has been abroad in Europe for quite some time. There a large number of cases including the one about abrogation of the constitution which if pursued can take him to the gallows.

However, the question is why should only he be prosecuted. Why not all other military rulers who took over the reigns of the country suspending the constitution. It is immaterial as to whether they are dead or alive. Many accomplices without the support of whom the take overs were not possible are still living.The cases must be proceeded with even the punishment is to be executed symbolically as was done with Cromwell of Britain. And, all of them are not dead either.