Justice behind the bars
Where else does it happen that even judiciary is not spared
IRONY BY DR. MIRZA ASHRAF BEG
http://www.greaterkashmir.com/news/2010/Aug/15/justice-behind-the-bars-7.asp
This subcontinent has a unique political history. Despite the
fact history repeats itself we refuse to take a lesson even when it is
at the cost of others. Only a couple of years back General Musharaf, the
most powerful general of military Junta in Pakistan invited trouble
from judiciary and bar in Pakistan. That perhaps may be the reason for
him to enjoy a refugee status in London these days! An intelligent and
smart General banked on US support hardly realizing people’s support
back home was more important. Discretion is better part of the valor and
a godfather can never be a substitute for a biological father. Thus US
left his strongest ally in lurch for others to take a lesson and today
Mr.Zardari is projected as the greatest champion of democracy in
Pakistan. We also need to learn politics enjoys strange bedfellows!
Similarly Mrs. Indra Gandhi’s tenure of emergency was a nightmare in
India for which she too had to face the wrath of the judiciary when her
election to the parliament was declared null and void by a high court
judge in Alahbad.
We are taught democracy is a three tier
system of governance. The administration, the parliament and on top of
all this, we have the judiciary. These three constituents of democracy
are interconnected in such a way that if disturbed there is chaos and
confusion in the country. That is what we are seeing in J&K today.
Memories of Zero Tolerance are still fresh with us despite fifty five
innocents fell to the bullets of Indian security forces since these
commitments were made. We are seeing our teenagers being shot at a point
blank range. One wonders weather it is political hypocrisy or a
communication gap between an elected government and its law enforcing
security forces? So much so when the elected members of the government
are asking for withdrawal of draconian laws the members of security
forces have the cheek to brow beat them in support of AFSA pronouncing
it as a bible for the men in uniform thereby pleading for a free license
for fake encounters. Under the circumstances it will be unrealistic to
blame Pakistan a country that is itself in a mess for importing unrest
in the state. Some are branding the mysterious stone pelters as paid
agents forgetting that stone has been used as a deterrent from the Stone
Age. It also will be absurd to accuse other political organizations of
destabilizing the government when it is clear that the situation thus
brewing up is by no means going to restore them the authority they have
lost. And yes counting the scores is all the more absurd.
As mentioned, the supreme authority in a democratic system is
the judiciary-- when you allow it to function independently. The
judiciary has its own constituents such as the judges, the lawyers and
human rights organizations. Again these constituents of an independent
judiciary system are interdependent on each other. Hence if one of these
components of this supreme institution is disturbed for whatever
reasons the establishment falls like a pack of cards and that is the
greatest tragedy of a nation. The unwarranted arrests of the members of
the bar, its President and Secretary at High Court Srinagar have
dismantled the remnants of democracy like twin towers of New York with
no signs of a hope of recovery. It seems the confused system of
governance is not satisfied only by putting the judiciary behind the
bars and hence is planing to lay its icy hands on our healthcare too.
Penalizing some medicos from SMHS hospital for concocted subversive
activities will be another example of exercising authority. We need to
understand our educational institutions, universities or hospitals etc;
are a part of our society. So they are bound to feel the pain of the
society-- their reaction to pain stimulus is but natural. At the same
time we also need to recollect that the administration has never reacted
with such a callous approach to similar agitations in Jammu during the
Amarnath land row that resulted in a communal divide in 2008.
Though
it is already late yet before it is too late the governments in New
Delhi and Srinagar need to have an introspection. The way they are
dealing with the present turbulence needs to be revisited. Kashmir is a
political problem hence needs a solution accordingly. Let us not
confuse it once again with Bijli, Sadak, Pani. The hype of mysterious
secret diplomacy or secret dialogue that has led to the present scenario
has lost its flavor despite the fact that People of Kashmir are sick of
curfews hartals and strikes. People are conscious of the recurring
economic losses and a setback to the educational interests. We also are
pained when our young men are shot at. So Kashmir too is in search of
peace---peace with dignity and honor—peace with a permanent solution.
Solutions to the problems have never come through the barrel of a gun
neither has there been a solution in suicidal attacks in reciprocity. A
dialogue with a firm commitment in the background of Kashmir history on a
round table where every participant has an equal status is the only way
out. We need to understand such goals are never achieved by sending
justice behind the bars or by hanging the civil society on the gallows.
Kashmir as we know is a sensitive place with India, Pakistan, Russia and
China all the four nuclear powers as its close neighbors. That is why
UN secretary general Ban Ki Moon has made repeated appeals to start a
composite dialogue lest we unwittingly plunge in to a disastrous nuclear
catastrophe. At this crucial juncture Kashmir needs a matured and a
united leadership with a great foresight and a clear vision. That is why
on way to a permanent solution through a people’s verdict, the peers of
politics had thought of a special status as a makeshift phase to this
special place paradoxically called the paradise on earth.
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http://groups.yahoo.com/group/paklawyers/