Everyday discussions for 6 hoursnot helpful

There is no doubt that judiciary of Pakistan is quite different today from what it used to be. The intelligentsia of the country better get used to this new-look judiciary because a complete understanding of what the judges are doing at length and an unquestioned endorsement by them, as well as the general public, is the basic requirement for having rule of law in Pakistan. The 'Azad Munsh (independent-minded) judges, whose virtues have been extolled by stalwarts of the glorious lawyers movement, are the active ingredient that makes the present judiciary a panacea for all our ills. They are as judges should be; thoroughly analytical, judgmental, decisive and willing to deliver justice at any cost. They have the knowledge and guts to give judgments and stand by their judgement so that annals of law are rewritten all over again. In Pakistan, though, we are still unfortunately following acts and laws enacted a hundred or a hundred and fifty years ago when politics, economics, geography and demography were totally different from what they are today. The rulers were from an altogether different civilization and those they ruled were culturally centuries apart and were a mere fraction in numbers of what they are today. So it becomes imperative that the judges should not only pass judgements within the new reference of facts but should also give the sort of judgments that could fill gaps in the laws on our books that exist since the colonial times. Besides 'Azad Munsh judges, it is imperative that the judiciary must also have independence in matters administrative and financial. The tussle for administrative independence from the executive, or at least a quest to reach an understanding for the same, is going on right now. It may take some time for the present judiciary to achieve financial independence but it is surely on course for it too. With this newly-emerged independent judiciary on our side, and newly-acquired wisdom through independent media to guide us through, we are relentlessly engaged in debating and discussing every act and word of the judicial people. In my humble opinion, this trend should be discouraged as much as possible. This is hampering the strength of judiciary as the prime state institution responsible for dissemination of justice and preservation of constitution. In all developed countries, the judicial diktats are developed through drawing on centuries-old customs, conventions, practices and peoples respect for written and unwritten values. But we have just entered into that realm. We may start developing such values but can do so only gradually. I am of the view that too much discussion and debate is going on at the moment about judiciary. Everyone, whether or not he has any standing in society, bears some opinions about the conduct and role of judiciary and thanks to the opening in media, can now freely propagate whatever he wishes to the general public. That cannot possibly be beneficial for the well being of any institution, or the country itself. I am sure the nation is not becoming any wiser by these debates which at times touch on the verge of tirades against judiciary. This creates confusion in common mans mind something we can ill-afford at this juncture of our national life. -SYED SAYEF HUS-SAIN, Karachi, July 8.

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