Wednesday, April 25, 2018

Agenda to Ensure Supremacy of Law and Constitution in Pakistan

My agenda is simply to strive for supremacy of rule of law and constitution. I am pained to see people hurling invectives, slandering, and condemning people as traitors without due process of law. Even if I know that someone is guilty, I have no authority to take law in my own hand and dispense justice of my liking. This will make me no different from the terrorists who based on their whimsical understanding are willing to explode their vests or the crowds that lynch to death people on mere suspicion of crime.
No,  the only fit and proper recourse for me if I think someone is guilty is to pursue the case as per "due process of law" under article 10A of constitution that upholds the "right to fair trial" as a fundamental human right. This applies equally to all citizens especially more so to CJP whose primary responsibility is to uphold the rule of law in dispensation of justice through ALL levels of judiciary: The fundamental criteria for evaluating quality of justice include  "justice delayed is justice denied" and "justice should not only be done but also seen to be done".
The due process of law hinges on the assumption of "innocence unless proven guilty"  and the process includes   (i) right to be charged in front of court of law, (ii) open trial, (iii) prosecution, (iv) presentation of witnesses and evidence in an open court, (v) right to defense (vi) right to cross examine the witnesses and evidence, (vii) open verdict,  (viii) right to appeal....
My agenda is simply to uphold rule of law and constitution. Our nation has been used to saviors on horseback who relished breaking the law and violating the constitution using Justice Munir's disastrous Doctrine of Necessity (DoN).  Recently Supreme Court "claimed"  to have buried the DoN. My posts target only those who violate constitution and due process of law using the debunked notions of DoN. 
The problems emanating from treating constitution with contempt include weakening of the institutions due to one-man rule and justification for the common people to break law or to take law in their own hands. If breaking and violating the constitution can be regularized through doctrine of necessity judgments, then all other law breaking can also be regularized and indemnified. This we see now daily in the breaking of traffic rules, in violating the building codes, in violating the rights of the people....

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