You are currently viewing Military-Judiciary-Nexus has harmed democracy: Nawaz Sharif   
nawaz feb 2

Military-Judiciary-Nexus has harmed democracy: Nawaz Sharif  

KARACHI: Nawaz Sharif, deposed prime minister and President PML-N, has said here at Beach Luxury Hotel today, though military-judiciary nexus has harmed it, democracy would flourish in Pakistan.

He was presiding over a seminar on The Future of Democracy in Pakistan jointly organized by Citizens for Democracy and Pakistan Civil Society Forum.

Noting that out of 70 years of its existence, Pakistan was ruled by dictators for three decades Sharif accused judiciary for supporting dictators through Doctrine of Necessity. He said democracy was the only source of unity of all provinces.

“Pakistan’s lawyers, intellectuals, writers, journalists and political leaders are unanimous in their views that Justice Munir’s decision against first Legislative Assembly and use of the term “doctrine of necessity” had actually damaged democracy a lot,” remarked Nawaz Sharif by recalling the history of attacks on democracy since inception of Pakistan.

“All the Martial Laws were supported by judiciary by using the tool of Doctrine of Necessity”, he added.

Recalling the history, Nawaz Sharif said in 1954 then Governor General dissolved the Constituent Assembly, which was presided over by Quaid-e-Azam Mohammad Ali Jinnah. Molvi Tamizuddin Khan went to Sindh Chief Court against that order, which declared the Governor General’s orders as illegal.

But the federal court led by then Chief Justice Muneer Ahmed restored the Governor General’s orders by using the Doctrine of Necessity.

“Whenever democracy started getting its roots, the judiciary, instead of supporting people, country and democracy, extended their support to the dictators,” he observed.

Fourth time in 1999 the democracy was derailed by the dictator General Pervaiz Musharraf. Then Chief Justice of Supreme Court Justice Saeed-uz-Zaman Siddiqui refused to give a favorable decision so General Pervaiz Musharraf asked all judges to take oath under the PCO, thus installed his Chief Justice.

“The Justice (R) Irshad Ahmed Khan again gave the verdict by using Doctrine of Necessity and people of Pakistan and democracy had actually lost”, he said. 

Sharif observed that Supreme Court went much ahead and gave the dictator a right to make changes in the Constitution… even a right is not enjoyed by the judges, but they gave right to the dictator, he held.

PML-N chief further pointed out that in 1977 Begum Nusrat Bhutto knocked the doors of the Supreme Court in vain as the same Doctrine of Necessity prevailed.

Nawaz Sharif speaking about making PCO judges accountable said: “We have to make difficult decisions”.

In 70 years, not a single Prime Minister has completed his tenure, he said adding that popular leaders are declared unpopular but they have never been unpopular in the eyes of people.

Since its inception, this parliament has faced uncertainty. “You know very well what happened in Balochistan and how hurdles were created for elections of the Senate,” he said.

Holding that in light of Asma Jilani case, his government, for the first time registered cases against the dictator (but he fled away) Sharif pointed out was for the first time that a dictator was not able to come back to the country.

Pointing that he signed Charter of the Democracy with Benazir Bhutto, which was later endorsed by others, Sharif asserted that the charter was still an important document for development of the democracy.

Speaking on the occasion, Mahmood Khan Achakzai, Chairman, Pakhtunkhwa Awami Milli Party suggested that this parliament should pass resolutions that those judges who took oath under PCO should be declared as “traitors.”

Those who refused to take oath under PCOs be decorated with awards. Similarly, he said those citizens who lost their lives or were injured while fighting for democracy in Pakistan should be declared as “real heroes”. Citizenship of those who abrogated Constitution should be cancelled.

Mahmood Khan Achakzai said current system of coercion, in which people who are protesting for their rights are fired upon in violation of Section 144 PPC. This country is a federation of Punjabis, Sindhis, Balochs and Pashtoon and here none is a lord or a slave.

Chairman, Pakhtunkhwa Awami Milli Party called upon to take action against terrorists who killed people in Karachi on 12th May. No judge or political leaders have demanded to nab the culprits.

Achakzai appreciated the efforts of Nawaz Sharif for struggling for the justice system. He called upon all the political parties to allot seats to the parliament to those candidates who would work for protection of democracy.

Regarding Balochistan Assembly he suggested that a committee comprising of civil and military experts to investigate and identify those who are responsible. He hinted that a single person belonging to a secrete agency was involved in removal of former Chief Minister.

Senior journalist I. A. Rahman gave an overview of Constitutional provisions under fundamental rights and regretted that the present government has not made efforts to ensure provision of those rights.

Hasil Bizenjo said people of Pakistan have given a lot of sacrifices for democracy in Pakistan. Zia-ul-Haq lashed on people, Ayub Khan put all politicians behind the bars and an elected Prime Minister was declared a terrorist by General Pervaiz Musharraf.

“Things have improved now but democracy will not be developed until true leadership is not emerged,” he added.

Ms. Anis Haroon said that women remained at front for restoration of democracy. Women still face discrimination in the laws. Law of Evidence is still discriminatory, she added.

Mahtab Akbar Rashidi, MPA said without solving common people’s problems, democracy cannot flourish in Pakistan. People are still facing poverty and police have failed to protect lives of people.

Syed Ghulam Shah of SUP said Pakistan was created by four federating units and until all units are not provided rights, Pakistan will not progress.

Karamat Ali of PILER said that under the Constitution the President had to present a report on progress what the state has done for implementation Principles of Policy. Social security is still not included as Fundamental Rights in the Constitution.

He pointed out that a tiny country Nepal has provided true representation to workers, women and minorities so they can legislate for their rights in the Parliament. In his welcome remarks, Shah Mohammad Shah said the civil society has extended its support to democracy.

M M Alam

M. M. Alam is a Pakistan-based working journalist since 1981. Karachi University faculty gold medalist Alam began his career four decades ago by writing for Dawn, Pakistan’s highest circulating English daily. He has worked for region’s leading publications, global aviation periodicals including Rotors (of USA) and vetted New York Times as permanent employee of daily Express Tribune. Alam regularly covers international aviation and defense-related events including Salon Du Bourget (France), Farnborough (United Kingdom), Dubai (UAE). Alam has reported thousands of events and interviewed hundreds of people in Pakistan, UAE, EU, UK and USA. Being Francophone Alam also coordinates with a number of French publications.