By Justice Markandey Katju-
(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman of Press Council of India. The views expressed are his own.)
In 1774, the British Parliament passed the ‘Intolerable Acts‘, which led to the American War of Independence (1775-1781), defeat of the British forces in America, and ending British rule.
Similarly, the Constitutional amendments passed late night on Sunday/Monday, 20th and 21st October, by the Pakistan Parliament, can be called the ‘Intolerable Constitutional, Amendments’, and will generate a tidal wave in the form of widespread, massive public agitations, which will result in ending the present fascist dictatorship in Pakistan, and restoration of democracy.
On what basis do I say this? Let me explain. The Constitutional amendments aim at ending the independence of the Pakistan judiciary, which was perceived by the Pakistan Establishment as an obstacle to giving it a free hand in crushing opposition in Pakistan, though the judiciary was only doing its duty of protecting and upholding the fundamental rights of the people mentioned in Articles 8 to 28 of Pakistan’s Constitution.
Pakistan’s judiciary, despite its several defects, was the last bastion and bulwark standing against the forces of fascism and dictatorship in Pakistan, all other institutions having collapsed. It had therefore to be removed, just as Hitler removed all obstacles to his autocratic and dictatorial fascist rule.
We must first understand why an independent judiciary is necessary in society. It is in the nature of things that in every society there will be some disputes between the people, and between the people and the authorities. So there has to be a forum where these disputes are resolved peacefully, otherwise, they would be resolved violently, with guns, bombs, swords or lathis. That is why all human societies, in all ages, have had a judiciary, and no society can function smoothly without it.
Take, for example, a person who has a dispute with a neighbour over a piece of land, He comes to court and files a case, in which notice is issued to his adversary. Both parties engage lawyers, who present evidence, examine witnesses, cross examine the witnesses of the opposite party, and then argue their cases. The judge then gives his verdict.
Even if the verdict goes against a party, he is pacified to some extent since he was given a hearing, and hence he does not resort to violence. Thus, the purpose of a judiciary is to maintain peace in society.
However, this presumes that the judges have a reputation of being honest and impartial, and the public has faith in their neutrality and integrity.
The new Constitutional amendments, on the other hand, are aimed at having judges who are servile and toadies of the Pakistan
Establishment (like the present CJI Qazi Faez Isa), not independent and impartial.
The generals and ruling political leaders do not realise that without an independent, neutral and impartial judiciary there will be no peace in society, and a people’s guerilla war will become inevitable.
The lawyer community in Pakistan is rightly protesting against this egregious, nefarious and outrageous amendment to the Constitution
I was particularly impressed by the speech of advocate Salman Akram Raja in a Press Conference.
By his lucid explanation to the public about the real intention of the constitutional amendments, in a manner not done by anyone else, he has exposed the Establishment, and changed the game.
He has now announced launching a movement against these black laws. Long live Salman Akram Raja! He has become one of my heroes.