Never lose hope or no need to be depressed as we are seeking justice from the governments and in the prevailing circumstances of hybrid systems, Justice is our last hope and a powerful statement that emphasizes the fundamental role of justice in maintaining social order and fairness. It suggests that, in situations where other avenues for resolving issues have failed, justice remains a crucial mechanism to ensure that wrong is wrong and fairness is upheld.
Justice flourishes from good administration and the recognition of merits. Good administration ensures that laws and policies are applied fairly and consistently, creating a stable environment where justice can thrive. When merits are acknowledged, individuals and their actions are evaluated based on their true worth and contributions, fostering a sense of fairness and equity. Together, these principles uphold the integrity of justice in our society.
Justice is indeed the foundation of a civilized society. It provides the framework within which individuals can coexist peacefully, ensuring that rights are protected, wrongs are addressed, and fairness prevails. Without justice, trust in institutions erodes, social order breaks down, and conflicts arise, undermining the very fabric of civilization. Hence, a just society is essential for maintaining harmony, stability, and progress.
A fair and instant justice system is crucial for fostering progress and prosperity in our society. When justice is both equitable and swiftly administered, it promotes trust and stability, which are foundational for social and economic development. Fairness ensures that everyone is treated equally under the law, preventing corruption and abuse of power, while promptness prevents the backlog of cases, reducing uncertainty and fostering a sense of security among citizens and investors. Ultimately these factors create an environment conducive to innovation, investment, and overall societal well-being.
The bitter assertion that Pakistan has struggled to achieve a robust justice system in its 76-year history is supported by several bitter facts including corruption and political interference. The justice system in Pakistan has often been marred by corruption and political interference, leading to biased judgments and a lack of trust in judicial processes.
Delayed Justice is also a main cause, the backlog of cases in Pakistani courts is significant, resulting in prolonged delays in justice. This undermines the principle that justice delayed is justice denied. Inconsistent legal reforms rusted our legal system, efforts to reform the judicial system have been inconsistent and often ineffective, failing to address the root causes of inefficiency and corruption.
Access to justice is very difficult in our society; many citizens, particularly those from marginalized communities, face significant barriers in accessing justice due to high costs, complex legal procedures, and geographical limitations. Lack of accountability fosters a huge corruption, there is often a lack of accountability within the judiciary itself, with few mechanisms to address judicial misconduct or incompetence.
Human rights violations are common, the justice system has frequently been criticized for human rights violations, including the use of torture, extrajudicial killings, and discrimination against minorities. These issues require comprehensive and sustained reforms to ensure a fair, transparent, and efficient justice system that can truly support progress and prosperity in Pakistan.
The issue of judicial independence and pressure on courts in Pakistan is a complex and multifaceted topic. The term hybrid intervention often refers to the influence exerted by a combination of military, political, and other non-democratic forces on the judiciary and other state institutions.
Judicial Independence is inevitable, and the independence of the judiciary is crucial for upholding the rule of law and ensuring that justice is administered without fear or favor. In Pakistan, there have been numerous instances where the judiciary has come under pressure from various quarters.
Establishment Influence is the bone of contention; historically, the military has played a significant role in Pakistan’s politics, often at the expense of democratic institutions. This influence has, at times, extended to the judiciary, affecting its ability to operate independently.
Political pressure is also another source of a weak judicial system; as political parties and leaders have also been known to exert influence on the judiciary, seeking favorable rulings or attempting to undermine judicial decisions that go against their interests.
Public perception never denied the perception of judicial independence is crucial. When the public perceives that the judiciary is under pressure or not acting independently, it undermines trust in the legal system and the broader democratic framework.
Recent developments in our judiciary, such as the writing of a letter to the Supreme Court by Islamabad High Court judges, expose our weak judicial system and it has seen various high-profile cases and judicial decisions that have brought these issues to the forefront. Controversies surrounding the appointments of judges, rulings on corruption cases, and other politically sensitive matters often highlight the tensions between different branches of government and the military. All eyes on the Supreme Court of Pakistan where a Suo Moto case is pending regarding interference of establishment in judiciary, having the pearl significance of tuning the table of hybrid intervention.
To meet these challenges, it is essential for Pakistan to strengthen the mechanisms that protect judicial independence. This includes ensuring transparent and merit-based appointments of judges, safeguarding the judiciary from external pressures, and fostering a culture of respect for the rule of law across all sectors of society. Recent statement of Law Minister Azam Nazeer Tarar regarding removing the difficulties in the justice delivery system is a good omen.
It is inevitable for Pakistan to achieve political and economic development through a powerful judicial system. It is imperative that all stakeholders, including the establishment, recognize the importance of a fair and independent judiciary.
Justice must be seen not just as an ideal, but as a practical necessity for the country’s progress. This realization can drive meaningful reforms and foster a more just and prosperous society. The Chinese foreign Minister also emphasizes the political stability of Pakistan to achieve its goal of prosperity.
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The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.
