Pakistani Judiciary


Though it has become a general fashion in the liberal intelligentsia to curse Marxist analysis , it’s simply astonishing to note  that it has been very accurate in explaining the complex perspectives totally missed and unresolved by liberal analysis. Global Economic Crisis and Arab Spring are just two most outstanding examples, while BBC published a leading middle east expert testifying that Egypt will not follow Tunis on the road to revolution , the masses were flexing their muscles as Marxists were telling us since last year. While a lot as been said about the politics in the Islamic Republic , the text unfortunately has a Derridian flavour of  ever “said” is “unsaid”. Whatever has been said for past few years by our great anchors, intellectuals, key opinion leaders turned out to be simply rubbish. One really feels in awe about the job description of these great men and women who get paid in million for saying and writing rubbish. On the contrary it’s again astonishing that since the day PPP government took office , Pakistani Marxists have been very successful in explaining the complex perspective with a relative ease. They were accurate in their description of nature of judicial movement, the futility of black revolution , the coalition between PPP and PML N, the imperialist nature of war on terror ,and the ” relationship of mutual deception between USA and Pakistan military establishment. The parent descendant relationship between establishment and Islamists,  the sharpening of national question by establishment etc. Now that every one is talking about the great vision of Imran Khan i had the pleasure to read this great piece on him by leading Marxist intellectual Lal Khan. The article explains in concrete terms the phenomenon of Imran Khan and so-called civil society. If one reads carefully it will be a treat as it provides one with tools needed to analyze the fluid political perspective of Islamic Republic. Whats he says explains Khan superbly:

Imran Khan is no Oedipus in this crime infested politics of a rotten state and system. His odd admixture of Islamic crusades, western liberalism and a redundant nationalism can only add to the prevailing political confusion. The ideology of Pakistani national chauvinism he propagates withered away in the paddy fields of East Bengal drenched in blood forty years ago. The justice he vows to impart is unaffordable in market economics. The corruption he decries is not the cause of the crisis but the need and product of debilitated capitalism. Black money and corruption run the economic cycle that is prodding the country. The British parliamentary system he espouses is still a monarchy and increasingly facing revulsion by the British masses. The Pan-Islamism he idealises is in contradiction with the Pakistan nation state that he harps upon. The American police system he wants to impose has bred more crime than anywhere in the advanced world. The US he wants to befriend on an “equal basis” will not stop leeching off Pakistan as long as capitalism exists here. (LK)

Shaheryar Ali

 

Pakistan: Passions without truths – the myth of Imran Khan

Lal Khan. www.Marxist.com

It is often said that history repeats itself, but the truth is that it never does so in exactly the same way; it repeats itself but on on a higher plane. The general consciousness of the masses in any society is neither static nor eternal. It is in a state of constant change, flux and motion. Betrayals and defeats push it back but with the new resurgence of the class struggle it rises to new heights.

However, the temperament and moods of different classes in society can vary according to the conditions and the epoch through which it is passing. In general terms the social psychology of the middle classes or the petit bourgeoisie is empirical and suffers from bouts of impatience reflecting its social and economic base. This, in times of crisis, puts it in a state of permanent insecurity, discontent and unrest, swinging from one extreme to the other – trying to ape the bourgeoisie in ordinary times and jump into the proletarian bandwagon in revolutionary situations.

While the toiling classes can endure hardships for long periods of time and from an empirical outlook sometimes they seem to be infinitely dormant and docile. There can be decades of lull and yet these working classes can explode into volcanic eruptions that can transform the politico-economic systems and change the course of history through revolutionary insurrections. Such periods are historical exceptions. Most bourgeois experts and intellectuals cannot contemplate these tremors in advance as they are mentally blocked from doing so by their philosophy of logical positivism and methods of so-called pragmatism.

At the present moment in time, apart from some sporadic struggles, Pakistan is passing through a period of relative lull as far as the mass movement is concerned, yet society is immersed in a terrible social and economic crisis that has pulverised it. This contradictory state of affairs gives rise to a political vacuum where there is no visible force on the wider political horizon that can present an economic and political way out of this misery and distress. Nature abhors vacuum, however. Hence we see peculiar phenomena that arise to fill this vacuum with rhetoric that touches upon the burning problems but has no real solutions to avert the impending catastrophe. The ostentatious nature of the petit bourgeoisie or the so-called civil society makes them feverishly attracted to these “liberators”. As a class it is the petit bourgeoisie that provides the social base for religious fundamentalism, vulgar liberalism, national chauvinism and other metaphysical and sentimentalist tendencies in periods of social stagnation. The latest episode of this series of petit bourgeois binges is the “rise” of Imran Khan.

He has been hyped up by the media and sections of the ruling oligarchy and the state as a substitute, in a situation where yet another attempt by the ruling classes to attack the working classes through a democratic façade is being foisted onto the masses. After the failure of direct rule and the loss of the cohesion of the army’s apparatus that would permit it to impose its rule once more, this weary and weak attempt to salvage a redundant system, shows the pathetic state of Pakistan’s ruling elite.

Looking at the democratic political circus in Pakistan one is reminded of the celebrated words of the 18th century British conservative politician Edmund Burke: “The tribe of vulgar politicians are the lowest of our species. There is no trade so vile and mechanical as the government in their hands. Virtue is not their habit. They are out of themselves in any course of conduct recommended only by conscience and glory. The calculators compute them out of their senses. The jesters and buffoons shame them out of everything grand and elevated. Littleness is the object and in means, to them appears soundness and sobriety.”

Imran Khan is no Oedipus in this crime infested politics of a rotten state and system. His odd admixture of Islamic crusades, western liberalism and a redundant nationalism can only add to the prevailing political confusion. The ideology of Pakistani national chauvinism he propagates withered away in the paddy fields of East Bengal drenched in blood forty years ago. The justice he vows to impart is unaffordable in market economics. The corruption he decries is not the cause of the crisis but the need and product of debilitated capitalism. Black money and corruption run the economic cycle that is prodding the country. The British parliamentary system he espouses is still a monarchy and increasingly facing revulsion by the British masses. The Pan-Islamism he idealises is in contradiction with the Pakistan nation state that he harps upon. The American police system he wants to impose has bred more crime than anywhere in the advanced world. The US he wants to befriend on an “equal basis” will not stop leeching off Pakistan as long as capitalism exists here.

He is playing the part of a right-wing populist trying to console a beleaguered people with the rhetoric of reforms that the system has no room for. The Balouch and other oppressed nationalities he wants to negotiate and patch up a deal with, have  since long rejected the two nation theory that Imran Khan is trying to resurrect as its new Messiah. He may be the establishment’s black horse, but who can be in the ring without the blessings of the hierarchy of the state.

The Chinese alternative of time tested friendship is a hoax. Whenever have they made a policy not coherent with their interests? China is today the biggest exporter of capital. And capital is invested to extract profit, not to be eulogised. The workers’ rights he talks about can only be slashed in the present day investment that is capital intensive. Revolutionary parties and leaders are not built by media “exposure” and pampering, but conversely the revolutionary victories are snatched from the jaws of the hostile and belligerent media by rousing the masses against it.

Imran Khan is offering everything to everybody, that means that the status quo is retained and the rich will get richer and the poor will be impoverished even more. That is the only possible fate under capitalism in decline. But the most insidious aspect of the mobs around Khan is that as in the lawyers’ movement the ideological differentiation is being scorned. The ideological divide between the left and right is not a theoretical synopsis. It stems from the nature of the class divisions in society and the struggle for the surplus of labour that is in the last analysis the struggle of life and death. As long as class exploitation exists the ideological fight will continue to rage on. It is a line drawn in the blood of the generations of the toilers. Imran khan is rousing the petit bourgeoisie with passions sans truth. Once the mass movement erupts again, no deception will suffice. Class war will have to be fought to the finish.

Indian Supreme Court

 

Shaheryar Ali

 “…people do not take arms, in an organized fashion, against the might of the state, or against fellow human beings without rhyme or reason. Guided by an instinct for survival, and according to Thomas Hobbes, a fear of lawlessness that is encoded in our collective conscience, we seek an order. However, when that order comes with the price of dehumanization, of manifest injustices of all forms perpetrated against the weak, the poor and the deprived, people revolt    Supreme Court of India

For the last few years Pakistan has experienced a lot of debate on the doctrines of liberal democracy, the role of judiciary and civil society. These tenants were repeated in the form of mantra again and again by the network of corporate controlled media monopolies and a section of western funded NGOs who have chosen the label of civil society for them. The major emphasis of their resistance model for Pakistan was strengthening of a section of Pakistani establishment represented by superior judiciary. Instead of focusing on the new “democracy in transition” these groups choose to support an institution which had a long history of collaboration with military junta in Pakistan. Over-emphasizing the cleft which emerged between Chief Justice of Pakistan and the ruling section of Pakistani establishment as “change of heart”, they put their full force behind the unelected institution which had a clear right wing agenda. As the “Black Revolution” took hold over Pakistan things started moving in the direction which was being predicted by a minority of analysts including our selves. The superior judiciary instead of attacking the legal barriers which prevent the subalterns of Islamic Republic from achieving the status of “equal in front of Law” re-affirmed those very legal standards which form the basis of legal and cultural apartheid in the Islamic Republic. This was made clear by their re affirmation of Objective Resolution, Two nation theory and infamous and murderous Blasphemy law. In a move highly unusual for British legal tradition the superior judiciary even restrained the parliament from reviewing the infamous Blasphemy law. The total lack of interest in the state sponsored reign of terror in Balochistan clearly defines the superior judiciary of Islamic Republic which was presented as Liberal Messiah by the liberal spokespersons of establishment. The court has never questioned the colonial and post-colonial policies of Islamic Republic in Balochistan, her continuation of Divide and Rule the province applying on the Pashtun section of the population especially the Frontier Constabulary which has been accused by Independent Human Rights groups and Left wing activists of implementing a silent genocide of the Baloch people. “Dr. Nandini Sundar In comparison the supreme court of India has recently passed a judgment which is land mark to say the least. In the judgment of “Dr. Nandini Sundar and others Vs State of Chhattisgarh and Union Government” The supreme court of India declared the state government sponsored “Salwa Jadum” as unconstitutional. The honorable court also prohibited the deployment of local tribal community as SPO (special police officers). The Indian state of Chattisgargh was deploying the British policy of divide and rule and arming the local tribal as militia against the Nexal and Maoist rebels to stop the Left Wing insurgency which is affecting many states of the Union. These Left wing insurgencies have been declared as “single most important threat to Union of India by the Union Government” and multiple operations have been launched. Despite this the honorable court has disregarded what which judiciary of Islamic Republic considers as “National Interest” which prevents them from interpreting the law in “pro-people” way. The Supreme Court of India remained within the scope of Law unlike our Judiciary which has been criticized by president of Supreme Court Bar Association for exceeding its mandate in giving decisions which only have political implication and no pro-people value. The Indian Supreme court in one of its best decision compared the situation in Dantewara, portrayed in Joseph Conrad’s classic “Heart of Darkness”. It then squarely contextualizes both the neo-colonial nature of the Indian state and the fundamental tenets of classical liberal democracy, all the while sticking to the law in its entirety. There is a lesson for Pakistan especially the activists, to understand the difference between the “real” and the “fake”, one cant carve out an Independent pro people judiciary from core of a totalitarian state , it can only come from a process. The difference is the stated objectives of two states, one committed to liberal secular and socialist state and other to an Islamic utopia. “What is important but obviously outside the scope of a judicial review is the cause of violence, the paramount question in the discussion on violence is “exclusion”. Its exclusion which leaves no other option for a human other than violence. When one is reduced ans dehumanised to extant of non human and non entity he transforms to what he is being “described as” the monster, the lesser being the evil incarnate. This is true for the Nexilite, the failure of communist party of India to address the question of revolution and its persistent failure to distance itself from the discourse of Indian Bourgeois and the failure of development of a genuine revolutionary socialist party in India pushed new untouchables of Indian Union to depths of heinous violence. But the Irony is that even the most deplorable violence committed by these groups testifies the genuine need for change. The desperate cry of the people for solution to emerge from the very heart of darkness!!. The very fact that a superior court which in final analysis is nothing but an instrument of state build to maintain the rule of the privileged classes hints at the cause of violence must be seen as signal to ruling classes of India that India is not as shining as portrayed in global posters! But for some one who is used to judiciary of the Islamic Republic its very refreshing. The case of Baloch resistance is similar, the despicable violence being committed against the immigrant working class in Baloch areas, the murder of Punjabi, Siraiki and Kashmiri labourers and chokidars is clearly the result of dehumanisation which Baloch has suffered. The failure of Bloch nationalist leadership, their ambiguous stand on right of self determination, their alliances with Punjabi chauvinists and Islamic Republic’s ruling elite had left no option for these young men and women to loose human Essences! I say human essence because Emanuel Levinas in his post-Holocaust studies has recognised the “first philosophy”, the duty to protect the other, and the first thing human perceives before even cognition is to recognise the need to protect other! , Baloch are killing because it’s what we want them to do. Its what we demand from them, They are the Jew, RAW agent, Infidel , the Jahil out of religion of peace out of the reign of submission , the rebel of Islamic Republic , Rebel to cause of Islam. The sons and daughters of Ignorance. Their daughters are not worth anything, Shazia Marri can’t be Aafia Siddiqi. If brother of Marri take up arms its heinous, it’s despicable yet its understandable! When a court of law recognises the plight of those who are abandoned to violence its heartening, its a living experience like creation of Adam from clay!” If only we can open our eyes and start the process unless it will be a never ending series of black revolutions which but the results will be counter revolutionary. Below is the report by Asia Human Rights Commission on the said judgment An Article by the Asian Human Rights Commission. INDIA: Supreme Court – ‘Salwa Judum’ is unconstitutional by Rolly Shivhare “People do not take arms without reason” — Supreme Court Salwa Judum The recent judgment of the Supreme Court of India in Dr. Nandini Sundar and others Vs State of Chhattisgarh and Union Government indicates that the country’s judicial system is alive, and a citizen can hope for justice from it. In the decision rendered on 5 July 2011, the Supreme Court declared the Chhattisgarh government sponsored Salwa Judum to be unconstitutional. The Court prohibited deploying members of tribal communities as Special Police Officers (SPOs) in any counter-insurgency operation by the state against the Naxals or Maoists, or against any extremist leftist groups operating in the state and/or region. The Court’s decision to prohibit civil militias is a landmark step in protecting marginalised communities from ongoing human rights violations. In essence, the judgment underlines that certain duties of the state cannot be subcontracted out, and further, that the state has the unalienable duty to protect its citizens. The Constitution of India mandates law and order to be the state’s responsibility. When the protector becomes the violator however, it is a threat to democracy. This is exactly what is happening in Chhattisgarh. Chhattisgarh is one of India’s three states–the other two being Manipur and Jammu and Kashmir–where the government formed private militias to combat anti-state movements. When this was challenged publicly as well as in the court, the government argued that it is its constitutional privilege to adopt modes it sees fit to deal with Naxalite and Maoist activities within the state. In essence, the government was arguing that it has a right to perpetuate, indefinitely, a regime of human rights violations, by adopting the same modes deployed by Maoist and Naxalite extremists in combating them. It is this argument that the Court has thrown out, holding it as unconstitutional. The government of Chhattisgarh had deployed 6500 tribal illiterate people as SPOs in the state. The government provided arms to these men and women and let them fight the leftist extremists, an act which within days turned neighbour against neighbour. The state took refuge in the century-old Indian Police Act, 1861, which provides for the appointment of SPOs to perform duties as guides, spotters and translators. SPOs can work as a source of intelligence, and sometimes are also allowed to carry firearms supplied to them for their self-defense. However, in Chhattisgarh, the government appointed SPOs to fight Maoists and Naxalites. It must be noted that the government even recruited minors as SPOs. In actual fact, the government created a division in the community. By identifying persons as either with the extremists or with the government, neutral space in the community was reduced. SPOs, like the Naxalites and Maoists, used their new power for everything, from settling private disputes to silencing political opposition. According to media reports, the number of cases of rape, murder, and other atrocities increased. The Supreme Court judgment noted that the Chhattisgarh government was appointing SPOs without following any legal process, and without evaluating the capacities of appointed tribal youth in undertaking counter insurgency activities. In 2010 the number of SPOs was 3000, but this year it increased to 6500. Unfortunately, these are the persons who become the first target of the Naxalites/Maoists. The Court also held that appointing a civilian as an SPO was a threat to his life, and in violation of article 21 of the Indian Constitution, which guarantees the right to life, with dignity. It must be mentioned here that this is one of the best judgments of the Supreme Court. It begins with a comparison of the situation in Dantewara, portrayed in Joseph Conrad’s classic “Heart of Darkness”. It then squarely contextualises both the neo-colonial nature of the Indian state and the fundamental tenets of classical liberal democracy, all the while sticking to the law in its entirety. As far as Chhattisgarh is concerned, it is rich in natural resources, with 32 percent of its population made up of tribal people, who believe the trees and rivers to be their Gods. These tribal people are forcibly evicted from their ancestral land however, so that their land can be given to private companies and state interests for their gain. When such communities resist eviction, they are tortured to the extent where the only choice left for them is to take up arms. This was humanly acknowledged by the Court when it stated that …people do not take arms, in an organized fashion, against the might of the state, or against fellow human beings without rhyme or reason. Guided by an instinct for survival, and according to Thomas Hobbes, a fear of lawlessness that is encoded in our collective conscience, we seek an order. However, when that order comes with the price of dehumanization, of manifest injustices of all forms perpetrated against the weak, the poor and the deprived, people revolt. A milestone in Indian democracy, this heartening judgment sees the Supreme Court render a brilliant exposition of the rule of law in the context of the violence unleashed by the Maoists, which has completely distorted the mindset of the state administration. Moreover, the judgment does not end with Chhattisgarh; it has wider implications where similar myopic and irresponsible tactics are employed, like in Manipur and Jammu and Kashmir. About the Author: Ms. Rolly Shivhare is a staff member of Vikas Samwad, a partner organisation of the AHRC, working in Madhya Pradesh. The author is currently interning at the AHRC’s office in Hong Kong and can be contacted at rolly.shivhare@ahrc.asia Courtesy: Asian Human Rights Commission About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong based group was founded in 1984

Shaheryar Ali

Today Federal Minister for minorities Mr Shahbaz Bhatti was murdered in Federal capital of the Islamic Republic. He was murdered in cold blood by the band of fascist thugs known as Tehrik-e-Taliban Pakistan who were swift to claim responsibility. Mr Bhatti was a life long activist for minority rights and a vocal opponent of the infamous “Qanoon-e-Toheen-e-Risalat” (Blasphemy Law). A progressive who along with Salman Taseer and Sherry Rehman was on forefront of introducing secular pro-minority agenda on national level and within PPP.

The murder is linked with that of Governor Taseer and now Sherry Rehman is the person most under threat. These murders are result of the organic crisis of Islamic Republic. A governor was murdered by his own security guards and now a federal minister is shot dead when he was leaving to attend cabinet meeting.   Federal minister was “without security”. In these kind of situations when factions of state and their proxies are in a state of chaotic warfare many murders are destined to occur and destined to remain un-resolved. Since the “Black Revolution” right wing was able to re-assert itself in the power struggle within Pakistani state. Musharraf’s purges had led to weakening of hardcore Islamist cadre in Pakistan Army; the traditional bastion of power of Pakistani Right. This had significantly weakened their power within state. This loss was compensated by Lawyers Movement who gave Pakistani right a new power center through which they can dictate their agenda. The restoration of hardcore right wing judges meant that every initiative by Zardari regime to curb Islamofascism be made ineffective. This was visible soon after their restoration when we saw statements from honorable judges who pledged their support to Blasphemy laws, Islamic statutes of constitution, the objective resolution.

Every single terrorist caught has been set free by our free judiciary. United Nation sanctions against Punjabi Taliban were made ineffective by Khawja Sharif’s court. The court has never taken notice of Taliban atrocities throughout Pakistan. When in Karachi the allies of Lawyers movement pledged to “kill anyone who mourns Salman Taseer’s murder” no action was taken. When it was said that every such person should “write his will” and “buy his kafan” no suomoto action was taken. Bars are conducting functions in support of assassin of Governor Taseer and those organizing it are those who use to chant “chief tere jaa’n nisar—–“. It simply means that it’s a “license to kill”.  Secular clowns who didn’t listened to anyone when they were marching with General Hameed Gul and Qazi Hussain Ahmad that what will be the result of radicalization of the poorly educated lawyers.  From Dr Abdul Qadeer Khan to Murderer Qadri this is what Bar has to offer to Jinnah’s Pakistan. When judges pledge support for such laws, Lawyers turn a assassin into a hero and government exist merely as ghost who doesn’t even controls Islamabad this happens what is happening.

With Rehman Malik and Babar Awan controlling Law and home ministries we can be sure that no secular man or woman will either get security or the public prosecution will ever build a case to send these thugs to gallows. With assassination of Governor Taseer and Shahbaz Bhatti it has been confirmed. Sherry Rehman should be under no illusion her life is in serious danger, I strongly appeal to her that she should immediately leave the country. Don’t believe any assurances either of government or Americans. Dangers are that every progressive voice will be silenced. You have a responsibility to your life as well as to next generations to protect the progressive legacy of PPP. You can be more effective in advocacy for minorities abroad.  I am sure you will listen to voices of reason and leave.

 

’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘

علی سلمان

بی بی سی اردو ڈاٹ کام، لاہور

عاصمہ جہانگیرعدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں

پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘

عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘

انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔

عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔

انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘

’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘

انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘

’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘

ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔

’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘

انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔

عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔

دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائزاقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں۔

Source: BBC Urdu

Asma Jahingir is the chairperson of Human Rights commission of Pakistan.