The State exists to protect and secure for the people their basic constitutional rights and for that it creates three pillars, each working within their confined constitutional framework to serve citizens. One such pillar is an independent judiciary which is tasked to protect legal rights of individuals, while the other two are parliament and executive.
The attack on Islamabad High Court by unruly men and women wearing black coats is an attack on the very independence of the judiciary. If the CJ of Islamabad High Court can be harassed and abused and judges forced to seek refuge from hooligans, then this essential constitutional requirement of independence stands compromised.
The lawyers are there to represent the people and have no other role except to defend litigants who secure their services to protect their legal rights. If the lawyers themselves get involved in irregularities such as construction on amenity plots or land which does not belong to them, then they are guilty of criminal offences and must be dealt with in accordance with laws and not through compromising of law. Crime nourishes, states collapse and mafias thrive when laws become hostage to whims of few.
The IHC judges and all others have sworn an oath to defend the constitution and must work strictly within their jurisdiction to interpret laws in existence. The Courts cannot become hostage to the dictates of lawyer’s representatives, nor bar associations elected by them. If lawyers are not willing to submit to law, then citizens must be given the right to represent themselves before judges. Unfortunately, in Pakistan, a country created through constitutional political struggle, the power of the people and their right to choose those who may exercise the power to govern, in accordance with laws and constitution was usurped by few and ever since that, this country has suffered abuse from within and outside.
Malik Tariq Ali
Lahore
