By Yasser Latif Hamdani
Duniya ki tareekh gawah hai, adl bina jamhoor na hoga
History bears witness, there shall be no republic (democracy) without justice
-From Aitzaz Ahsan’s Poem “Kal, Aaj Aur Kal” – the anthem of Pakistan’s Lawyers’ Movement.
“I am for the Law. We wish for a republic of laws.” John Adams- one of the founding fathers of the United States of America.
“The first observation that I would like to make is this: You will no doubt agree with me that the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the State.” Mahomed Ali Jinnah- our Quaid-e-Azam.
The decision on NRO was a historic one. Based on the short order, however, a reasonable apprehension exists that by invoking articles 62-f and 227, the Court has effectively brought into play dormant Islam-inspired clauses which shall further strengthen rightwing in Pakistan. This apprehension is obviously not without merit. Articles 4, 8 and 25 – 8 and 25 being fundamental rights which according to constitutional theory are supreme- were much stronger clauses and the court did well to invoke these but this is where the court should have stopped. Ofcourse this is entirely a conjecture without the detailed judgment. That said the important thing is that the NRO has been reversed and it has strengthened democracy whether nay-sayers accept it or not. The people need to see that the system works and punishes crooks no matter how powerful they are. And there is no doubt that the Supreme Court should also take to task those holy cows that have run amok in the country but that will also happen in good time. Continue reading