Some Genuine Apprehensions

Like a large number of Pakistanis, I am also apprehensive that if the suo moto notice of the Supreme Court regarding the law and order situation in Karachi also proves to be an exercise in futility, engendering no hope for any significant improvement, will the twenty million inhabitants of the city have any other chain of justice to pull, or any other door to knock at, for getting justice and relief? Karachi, the country’s largest city and economic hub has been plagued by an apparently uncontrollable cycle of violence; and if the court proceedings only prove to be a cry in the wilderness, it will inevitably encourage those forces which have been patiently watching the blood bath in the city and keenly observing the ways and means adopted by our popularly elected democratic government and other concerned state agencies for coping with this mammoth challenge.

I must openly admit the fact that by taking suo moto notice of the lawlessness in Karachi, the honourable Chief Justice has voluntarily taken a very heavy responsibility upon himself. But by now, he and his benchmates must have become fully aware of the complexities and perplexities involved in the whole affair and the need for taking revolutionary steps for bringing about any real improvement in the situation which is like a deadly cancerous ulcer affecting the whole body. But if instead of permanently curing the disease, the Supreme Court only bandages the diseased organs with the ointment of iodine, people will forget the insensitivity of the political leadership and inefficiency of the administration. In that case, each and every drop of blood oozing out of the ulcer will be linked to the Supreme Court for giving a half hearted or diplomatic type of judgment for pleasing everyone, instead of suggesting a permanent remedy. It is of utmost importance for several reasons. Firstly, the on-going violence in Karachi may prove fatal for democracy. Secondly, we need to build strong and solid traditions for solving our complicated problems through legal, constitutional and democratic means. Thirdly, the credibility of the Supreme Court and the Chief Justice is also now linked to the results of this suo moto notice. Wandering desperately through the horrid darkness of despair and despondency, our people still regard the judiciary and Justice Chaudhry as the last rays of hope for a better and brighter future. If in this state of general load shedding, the UPS of the Supreme Court also becomes useless and the hopes associated with Justice Chaudhry also fade away, it will be more catastrophic than the massacre in Karachi. Such a dreadful situation will trigger a massive tsunami of internal and external crises, leading to unpredictable consequences for the whole country.

Such lurking fears and apprehensions were further strengthened by the remarks of the Chief Justice during the hearing of the suo moto case. He called upon the government to issue a written statement promising that it would not support the armed gangs and that it would stand up in favour of the oppressed people. I believe that if this high profiled case was only aimed at getting such a written statement from the government, there was no need for taking this suo moto notice. We all know that the government will happily file in the Court the required statement signed by President Zardari, Prime Minister Gilani, Chief Minister Qaem Ali Shah, Governor Ishratul-Ibad and Federal Minister Rahman Malik. Dr. Babar Awan will also ratify it by his signatures. Moreover, this written statement containing highly attractive, colourful and embellished words and sentences will get massive coverage on the state media. In short, like fragrant spring flowers set in gilded frames, this written statement will be presented in the Apex Court. But will this written assurance bring about some radical change in the mind set of the government? Will President Zardari and his team not be able to reject it at some point in future by describing it as ‘Quran and Hadeeth?’ Will the government and its agencies really, sincerely and honestly abandon their support and patronage of armed groups and try to achieve their political objective through democratic means? Will this written statement bring an end to the display of trickery and jugglery in the government circles? Will it close forever all those political chapters in which even the worst crimes are given protection in the name of reconciliation?

More than anyone else, Justice Chaudhry himself is fully cognizant of the fact that our present government has many faces. While handling the NRO case and several corruption cases, he must have fully understood the way in which the government has made the judiciary virtually ineffective by means of a policy based on lying, hypocrisy and duplicity. In a nutshell, the bravest and strongest judiciary in our country’s history has been literally paralyzed by the most incompetent and most corrupt government of our history. If the same powerful and independent judiciary which has become the focus of so many hopes and dreams believes that a single written statement can bring an end to the reign of horror and terror in Karachi, let me warn everyone that we are heading for another deadly crisis.

The numerous reports presented in the Court contain a heap of fresh revelations; and Justice Chaudhry himself has stated that the ISI’s report has some appalling and shocking facts which cannot be disclosed in public. The various joint investigation teams have also submitted their detailed reports about the continuous violence and bloodshed in Karachi. If somehow or the other some hard facts that have remained locked up in secret files for a long time, have now come to the limelight, they should not once again be thrown into some other cold storage. The Chief Justice has himself stated that it is time for all of us to describe what is wrong as wrong and what is right as right. But if this decisive battle for the sake of truth and justice is to be fought, the Supreme Court must take the bold initiative and play the leading role in it. However, instead of unmasking the faces of those who have since long hijacked the city of Karachi, if the Supreme Court gives more importance to some other political or worldly consideration, it will be an act of worst injustice with the ordinary people of Pakistan, who will not be able to see the real faces of those who claim to be their well-wishers and state that they are always ready to sacrifice their lives for the country. It will be an attack on the fundamental rights of the people, whose protection is the basic responsibility of judiciary.