There has been much talk about the independence of the judiciary. Certainly there is much need for this independence because rulers in the past have been influencing the judiciary for their own ends and some members of the judiciary too have helped the rulers with their judgments perhaps to please them.

Lawyers have launched a movement for the independence of the judiciary since last May and lawyers of Pakistan have joined the movement whole heartedly and political parties by and large have also supported this movement although they are also in favor of restoring the judges who they say were sacked by General Musharraff because they had refused to take oath under the PCO brought in by General Musharraf by suspending the constitution on 3rd November 2007.

But the main question is: is this hulla-balloo really about the independence of the judiciary? Consider the following carefully:

Independence of the judiciary means that it is free of all influences but how can the judiciary be really independent if its financial control is in the hands of a

A government ministry which goes under the name of Ministry of Law and Justice? Also how can a judiciary be independent if the actual appointment orders in the judiciary are issued by the ministry although the recommendation for the appointment is made by judges?

Anybody who can add two and two together to make four can understand that a judiciary whose financial control is under the government ministry can not be truly independent.

But instead of making the judiciary truly independent by making it exercise control over its own affairs rather than the government the lawyers and some political parties have been rocking the judicial system over the ‘restoration’ of some judges they perceive are independent because they in the opinion of the agitating lawyers may be against Musharraf.

Even aside from this everyone in Pakistan is well aware that the lower courts where most of the common citizens of the country take their litigation are rife with corruption and delays. That is why if any citizen wins a case he considers himself lucky rather than granting the judicial system as just.

There are quite a few recommendations made by former judges who were known to be honest but their recommendations mainly are lying somewhere in the archives of the government and NO ONE HAS EVER HEARD OF ANY LAWYERS MOVEMENT IN FAVOR OF IMPLEMENTING THE REFORMS.

The matter of restoration of judges of the superior courts is something that in my opinion does not concern the common man of Pakistan! After all how many common citizens are known to go to the superior courts to resolve their matters?

Whether the restoration of ousted judges constitutes the independence of the judiciary or not, I would beseech the lawyer’s community to launch a countrywide movement for reforms in the Pakistani judiciary to impart speedy justice to every citizen, rich or poor, and for giving it financial independence too.

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Tags: Emergency, Independence, Judiciary, Lawyers, Musharraf