The judge's scream
Written by Matiullah Jan.
Note: (This column was written by Matiullah Jan for a foreign magazine a day before the abduction)
Elderly opposition parties and a few persecuted journalists have been voicing concerns about the July 2018 elections and the government's accountability policy since day one. Now the Supreme Court judges are expressing their concerns on the day of their retirement or in their decisions. Have started to do. By the way, some esteemed judges still sit on a high place in the court room and see the supremacy of the constitution and law in the country, but most of the esteemed judges are beginning to know the ground political facts that Later, he did not give strict orders, but through his opinions and remarks, he is venting his anger.
On Monday, July 20, the Supreme Court in a NAB case issued a detailed decision on the long-granted bail granted to opposition politician Khawaja Saad Rafique and his brother Salman Rafique, but the matter went too far. After all, in this atmosphere of suffocation, fear and pressure, how can the conscientious 'elements' of the judiciary and the media convey their message to the people without shouting? This detailed decision of Justice Maqbool Baqir and Justice Mazhar Alam Khan Mian Khel has not only autopsied the statement of Prime Minister Imran Khan against corruption but also to destroy the ongoing institutional conspiracies in the country and the resulting democratic and judicial system. He also pointed out the forces of The portrayal of the country's politics and institutional conspiracies by the two esteemed judges in the verdict is so shameful that the shadow of these two esteemed judges is falling on their own verdict in the case of Justice Qazi Faiz Issa. First let's see what Justice Baqir and Justice Mazhar Alam Khan Mian Khel decided while being part of the 10 member bench of Justice Faiz Issa case and then what they say in this latest ie Khawaja Saad Rafique bail case.
Justice Baqir, Justice Faiz Issa Saad Rafique was writing a detailed verdict in the bail case during the hearing of the case and at the same time in a hearing he remarked that the toy that was played with the political system and institutions of this country in the name of accountability In front of everyone In the ensuing Justice Issa case, Justice Baqir not only blew up the presidential reference, including ten judges, but also further investigated the judge's family through the FBR and then the Judicial Council against the seven-judge majority decision. Also opposed. This was an example of the consistency of the judge. But on the other hand, while Justice Mian Mazhar Alam fully agrees with the decision of Justice Baqir to grant bail to the eunuch brothers with regard to accountability and ongoing institutional conspiracies in the country, Justice Faiz Issa ignores the same conspiracies in the case of Justice Issa. The family is also involved in the decision of seven judges for further investigation by the FBR. In this environment of suffocation and pressure, like some journalists, the judges have to do their best to protect their reputation, sometimes here and sometimes there, so that after retirement, they can be happy by quoting their decisions at the appropriate time. ۔
Now let us see what is in the bail decision regarding the eunuch brothers that casts its shadow on the decision of the "Qazi brothers". In a detailed decision on the bail granted to the Khwaja brothers, Justice Baqir and Justice Alam were apparently so upset by the current situation in the country that the matter went beyond bail. In the end, like "keep the medicine away from children", he wrote that these remarks were temporary and would not affect the original NAB reference. But in reality, this decision has detailed all the NAB cases and evidence against the Khwaja brothers, but also between NAB and its "beloved" chairman Justice (retd) Javed Iqbal, his judiciary and the so-called establishment. At the crossroads, from head to toe, a "steam roll" has been made.
In the Panama case, Justice Asif Saeed Khosa started writing the verdict under the blessed name of Mario Pozzo's Godfather. Has given Justice Baqir begins his judgment with the famous quote from John Stuart Mill: "The state that produces dwarf men to be used as a tool of obedience, no matter how good the purpose, It soon becomes clear that no big state goals can be achieved with such small people. ”
Justice Baqir then examines the evidence in the NAB reference "head to toe" and explains how the NAB, in violation of its jurisdiction and powers, stripped the Khwaja brothers of their liberties and rights enshrined in the Constitution. What The indecent and unconstitutional manner in which the statement of a pardoned witness before the Chairman NAB was recorded shows the role of the institution and the legitimacy of the law in its eyes. When the first recorded statement of the pardoned witness was not satisfactory, the matter was concealed from the accountability court and his remand was extended from the court and then the statement was recorded for the second time. When the statement was recorded in the Judicial Court, the accused were not informed and everything happened in their absence, which is a clear violation of the Criminal Code. Look at the incompetence of the NAB that even the recorded statement did not meet the legal requirements of solid evidence. Justice Baqir also scrutinized and rejected other such evidence and even said that the public grievances in a private housing scheme should be dealt with.
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