Sada-e-Watan Sydney ™
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Solicitor Ejaz Khan
Solicitor Ejaz Khan’s views about Judiciary of Pakistan
I am as aggrieved as any of my fellow Australia Pakistani to observe recent developments in Pakistan. The fight between Executives and Judiciary is unprecedented in this living era.
So far to me there are two
claims moved forward by the parties:
The Judiciary claims that they are working to upheld the constitution of
Pakistan and trying to create check and balance on the Executives.
The Executives claim that the Judiciary interfering too much and therefore they
are helpless to control security situation.
Who is right and who is wrong time will tell. It appears that the executives
case is very week. I said this on the basis of the following arguments.
In Nawaz Sharif case: in the Court the government relied upon a agreement entered with pressure of the outsiders. This kind of agreements does not have constitutional support. This is also held by the Pakistani Superior Courts but the government deported Nawaz once again from the airport and denied him his constitutional right to stay in the country of his citizenship. Even if I accept the government arguments that Nawaz Sharif choose to enter into that agreement to avoid imprisonment in the first place then the government has breached our county's law by entering into such agreement and let a criminal go out of the country's courts jurisdiction without trial.
In Benazir case: it is on
the public record that the government has spent millions of rupees public money
to prove corruption cases against her successfully as a result freezed her
assets which mean that she was proven corrupt and now issued a executive order
to withdraw several pending criminal and corruption complaints against her
constituted by the law enforcement agencies of Pakistan and irony of the matter
is that this order does not apply on Nawaz Sharif , why?
In this case it appears that the executives who has enjoyed limitless powers in
our country of origin are not willing to accept such check and balance. They
have ignored the constitution on several occasion.
Public rightful to say to
our executives that you are not heading a jungle sir! you are the servant of the
proud Pakistani public.
Now the next question which arises in my mind is this:
Does our constitution fail to provide grounds for the Judiciary and Executives
to work for the public or our executives does not know that Pakistan have a
constitution and they are required to upheld and respect as much as the public
and other bodies in the country.
Public fail to understand that why the executives wish to control all pillars of the our democracy, are they afraid that they are breaching the constitution so regularly and without fear and going beyond the limit imposed by the constitution and required protective judicial system? if this is true then they should learn that they can not make Pakistani public fool any longer this is 21st century and the people aware of their rights and they can differentiate between right and wrong.
In every democratic
country the Courts are responsible for the interpretation of the constitution.
They should work independently to discharge their duties properly and fairly.
The executives should not try to control them:
Winston Churchill replied to a question "British empire will not be finished
until British courts provide justice to a lay man"
In every democratic country the Courts are responsible for the interpretation of
the constitution. They should work independently to discharge their duties
properly and fairly. Our executives should provide them that opportunity for the
sake public.
I may suggest to my fellow public that they should provide opportunity by way of
clear majority to any one party to amend constitution to avoid such situation
again in the forth coming elections.
At the end Australia Pakistani community condemns brutality carried out by the Police and agencies in Pakistan over the few days on the peaceful demonstrators particularly Lawyers fighting for the sovereignty of the constitution.
We demand the government of Pakistan to release people from the police lock up immediately held without charges. We demand the government to respect and revive the constitution of Pakistan immediately and carry out duties within the constitutional frame work and display honesty and integrity.
Thanks
Ejaz Khan
Principal Solicitor
Juris Australia Lawyers
2B Yarrabee Road Northmead Sydney NSW 2152
Ph: (612) 9686 9888 Fax:(612) 9686 1777
E:
info@jurisaustralia.com
