Rule of law inevitable for sustainable democracy, dispensation of speedy justice
PESHAWAR (APP): In a civilized world, the rule of law was being strictly followed and implemented for smooth functioning of the government, interpretation of constitution and speedy dispensation of justice to all.
The rule of law assures that the legal system, which starts from the creation of laws, courts’ proceedings and implementation of courts’ judgments, is transparent, accessible, effective and award strict punishment to contaminators.
“No democratic and egalitarian state could survive without strict implementation of rule of law and courts’ judgments,” said Essa Khan, former additional advocate general Khyber Pakhtunkhwa while talking to APP on Tuesday, adding that countries like Afghanistan had passed through turmoil and security issues due to absence of an effective legal system.
In the United Kingdom, he said the concept of rule of law developed from the writings of Professor A.V. Dicey, Joshpah Raz and Lord Bignham. Similarly, in 1959, the International Commission of Jurists (ICJ) declared that respect for the ‘supreme value of human rights of all citizens’ should be the goal of all laws.
Essa Khan said these historically developed concepts have now become part of almost all the constitutions of civilized nations, adding the rule of law was also the cornerstone of the 1973 constitution of Pakistan.
He said articles 4 and 5 of 1973 constitution uphold the concept of the supremacy of law and articles 8-28 protect the fundamental rights of all citizens of Pakistan. He said that unfortunately due to lacuna in the country’s laws, influential people like former SSP Rao Anwar and Shahrukh Jatoi have been set free in serious cases.
Ikhtair Wali said that strict implementation on law and equality in justice was the only way forward to take the country to the safe shore of economic prosperity and development. But unfortunately, Pakistan could not achieve heights of success since its creation on the world map 75 years ago due to repeated violation of the country’s laws and constitution by the powerful.
He said the constitution of Pakistan was abrogated for four times after imposition of martial laws while the elected political governments of former Prime Minister Zulfiqar Ali Bhutto, three times elected premier Muhammad Nawaz Sharif and first woman prime minister of Muslim World, Benazir Bhutto were dismissed and judges were sacked that shattered people’s confidence on legal system in the past.
Ikhtair Wali said elected prime ministers including Zulfiqar Ali Bhutto, Nawaz Sharif and Benazir Bhutto Shaheed were forced to live in exile and jailed along with former President Asif Ali Zardari and PMLN Vice President, Maryam Nawaz. Similarly, former Prime Minister Liaquat Ali Khan and Shaheed Jamhoriyat Benazir Bhutto were assassinated in broad daylight and justice was not done in such high profile cases.
He said PMLN strongly believed in rule of law and supremacy of constitution as evident from 200 appearances of the former Prime Minister Nawaz Sharif and his daughter Maryam Nawaz Sharif in courts in panama leak case and faced jails in harsh summer with bravery and steadfastness. Prime minister Shehbaz Sharif, interior minister Rana Sannulah Khan and others PMLN leadership have also faced courts with bravery and courage, he added.
On the other hand, he said PTI Chairman Imran Khan Niazi despite several notices and arrest warrants in Tosha Khana reference and in other cases has hardly appeared in two or three times before courts, which exposed his tall pro-judiciary claims.
“When Islamabad Police visited Imran Khan’s residence in Lahore to serve him court arrest warrants in compliance of the court orders, the PTI leadership and workers obstructed police from performing the official duty as per the law and the SSP along with police team were not given access to Imran Khan,” he maintained.
He accused Imran Khan for bringing a large number of political supporters during his recent appearance in courts, adding such negative tactics were tantamount to obstructing courts’ proceedings and were against norms of principles of justice. He said that law would take its own course in Imran Khan and PTI leaders cases.
“If a three times elected Prime Minister Muhammad Nawaz Sharif could appear in court with his daughter on a daily basis in hot summer then why Imran Khan could not appear and defend his cases.”
He said Imran Khan has used plaster leg drama as an excuse to avoid appearance in courts. Ikhtiar Wali said the alleged watch thief should answer why Tosha Khana gifts were stolen and why he sold the watch with an image of the Holy Kaaba for personal gains.
Instead of leading the political campaign of PTI and making malicious propaganda against political opponents, he said Imran Khan should show some courage and face the courts like Nawaz Sharif and Maryam Nawaz rather than taking refuge in his home at Zaman Park.
Imran Khan’s anti corruption slogans were badly exposed after the PTI government closed his own created Ehtesab Commission at Peshawar. He said that the billion trees afforestration project was taken over by the NAB while the BRT project completed on four times higher cost compared to Multan and Islamabad metro, thus taxpayer money was wasted by the PTI.
Ikhtair Wali said the unconstitutional ruling of the former National Assembly’s Deputy Speaker Qasim Tori in Imran Khan’s non-confidence motion and subsequent dissolution of the National Assembly was later declared null and void by the Supreme Court, which showed disregard of PTI for parliamentary and democratic norms.
He said that overcrowding in KP’s jails was a big issue overlooked by the PTI leadership. He said overcrowding in jails occurred due to the high number of under trial prisoners and required speedy disposal of their cases to resolve the backlog.
The experts said the country was passing through a very difficult economic and political situation since its establishment and underscored the need for reconciliations among all religious and political parties ahead of the general election imperative to take the ship of democracy to safer shores.
