Source: PK Politics

Author: Gul Bukhari

Despite all resolutions to not let events in Pakistan boggle the mind anymore (anything is possible), the mind is boggled yet again by the latest events that transpired in this country on the morning of 12 May 2008. In the fracas, Absar Alam, bureau chief of Geo News was summoned by the Supreme Court of Pakistan and asked to apologize for a news ticker broadcasting a meeting between Justice Nawaz Abbasi, a judge of the Supreme Court, and the Secretary Interior.

What ensued was surely, not just a First Ever, but hopefully also the Last Ever event of it’s kind to happen in Pakistan. The first shocking revelation was that Justice Nawaz Abbasi was on the three judge bench of the Supreme Court endeavoring to hear/try the proceedings of this Suo Moto Notice (involving his own complaint). Mr. Alam had to address Justice Abbasi directly to remind the honorable gentleman that he was Not Qualified to hear the case since he was a party in the case!

Embarrassingly, it doesn’t end here: Mr. Alam refused to apologize to the judge and asked for time to hire a lawyer to represent him. The journalist further proceeded to tell the supreme court judge that he, and the media in general, were doing the most important duty as citizens by protecting, safeguarding and upholding the constitution, by ensuring no one desecrates article 19 of the constitution (which essentially safeguards freedom of speech)!

In a fit of fury, Justice Abbasi wrote out an order banning any programs, mention, clips or coverage of the judiciary by the print and electronic media in toto. At which stage even the counsel from the state advised him to review and rescind his order, as it was very likely to be violated. The Justice in question had, using a ticker announcement, in effect issued a broad based gagging order on all forms of information and news coverage with regard to the judiciary issue. On the 12th of May.

But the best (and the saddest) part is that the Supreme Court of Pakistan Backed Down in Front of Journalists - and rescinded the order it had issued within minutes of doing so! Why did that happen? In this regard it is intriguing to note that the court (i.e., Justice Abbasi) was told by the government counsel and the Attorney General, that such an order would be violated, and that the court would be powerless as to do anything about the violation as there was no Contempt of Court Law in Pakistan. This was the point where any sympathetic observer would not know whether to laugh or to cry, or to do both in turn repeatedly. Imagine, a judge of the supreme court of your country, trying to gag/ bully a citizen based on non existent laws!?! There is no other explanation for this bizarre occurrence except that either the judge does not know the law, or knows it but thinks he can ride rough shod over citizens relying either on the ignorance or fear factor on their part. I am not sure which scenario is the sadder for my country.

The end result is that the Court has been brought to a level where the common citizen can talk back to the superior judiciary and tell it whether it is qualified to hear a case or not. The common citizen can accuse it of desecrating the constitution, and defend himself by championing himself as the protector of the constitution - and not without just cause, may I add. Correct, we are all bound, as citizens of Pakistan, to protect, uphold and defend the constitution of Pakistan, but the common citizens are bound by the law itself only. The ‘Justices’ however, took an additional oath, in line with the sanctity of their jobs, to ensure the same. Yet, it is the common citizen, who is being seen to do this duty, and not the sitting Justices of the day.

Later, outside the court, an unprecedented sight unfolded: a bench of the supreme court being tried in the people’s court, live on television, on the street and under the sun, with journalists inviting the Supreme Court Justice to a talk show to present his viewpoint, since according to them he behaved more like a media personality than a judge of the highest court of the country! In the same live transmission, the respondent’s supporters openly questioned whether someone whose status and legality as a judge are under question at the moment, can actually summon any citizen to court over any matter!

Alas! It seems the most poignant shortage in Pakistan is not that of flour, sugar or electricity, but that of self respect in the supposedly most respected and elevated of personages.

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Tags: Absar Alam, apologize, events, Geo News, resolutions