The Pakistani Spectator

Justice delayed, is justice denied, I was unable to under stand this phrase /eponym for so many years in spite of the reason that I was born in a family of lawyers, until I was engage in civil litigation with the provincial and federal government.

When I use to ask my father about such a slow process of proceeding, he uses to smile and say” justice delayed is justice denied”.

I always think and desired, why our nation is far behind all other nation in the world? What’s so special about these countries? Why things are so smooth in these countries where as our system in all day to day requirement and practices, is screwed? Why don’t we go in an organized way or in a systemize manner? Can’t we have a system, a governing way, a style, a format! What are the factors that are taking our society away from a civilized set up?

No answer! , almost 38 years have been passed since I was born, and in spite of the reason, that I have many experiences and exposure to different bureaucracies in Pakistan but, I am still unable locate exact reason.

After going through my remote memory and recalling events , positions and appointment ,being occupied by different people during different memorable period of my life and their quality profile ,little bit of answer to my own question could be gathered and extracted out .

Every one is familiar with the fact and well known saying, “it is not the appointment but the man behind it”.What is the explanation to this eponym? Does it mean a person who looks after the role of that particular appointment? Does it mean a person capable enough to look after the respective appointment? Or does it mean in reality that, man behind should ideally be the person to be appointed for the subject position?

The answer to the questions is a bit technical and demanding because it requires ones, exact views and recommendation, interpretation and true finding, feel and facts.

Can we let a person to let him fly our plane that need assistance or technical knowledge of the plane from a person who is not flying it and maintaining the flyer to fly from ground?

Can we get our self being operated by a person who is a non professional? I think the answer to these is in negative.

Off course we can not dare to do such things even in our extremes of condition. but infact, in our day to day requirement ,we up to our best of level, try to find experts in the subject field, to get relief and desired satisfaction .

However when it comes to matter, where there is no physical threat to our lives and danger ,we leave things to go the way it is going .We don’t even bother to go in any depth whatsoever ,whether one qualify for subject appointment or said position .

This attitude to disown ourselves from our society ,has gradually attained such a level of disaster that it gave birth to a neglected and unwanted child shaping itself in the form of loss of merit sabotaging and spoiling our society and shattering the image and concept of a civilized and reform organized nation .

Make your own accountability and see that your attitude has changed the complete picture and atmosphere of all organization, and today almost any appointment whatsoever is occupied by un qualified, incompetent, low I/q. and low profile individuals in all aspect as turnout /speech /standing /getup /abilities and moral values, etceteras.

These innate inborn characteristics in the individual has blown away and demolished the image of a pride, responsible and well organized society, masking it in to a distorted, fatigue under manage /ill managed and illiterate society, full of extortion distortion, malice, fraudulent, etceteras.

This gradual and continuous slow released poison being discharge due to our own lack of interest or commitment or deliberate intentions, has totally removed the substance and essence of qualification and merit in to a regional basis of employment and selection, restricting our own qualified sons and daughters to under qualified possessions, sometimes on the ground of remote areas or else on the plea of dense population, sacrificing merit in different forms and shapes.

In short the ultimate outcome of all these wears and tears, fears and favor’s resulted in irrational indulgence by law and legislative authorities to take over and reward their illegitimate supporters / workers at places which may payoff their obligations.

Continuation of such rewards and obligatory requirement created a desire to include such requirement in the form of selective quota and this being legalized, as a part of legislation and constitution to shelter under the rule of law as legitimate requirement of the time .

Not only these ,but also there were hundred of such manipulation being exercised by the concerned law makers but there was no one to execute their power to chalked ,point out and rectify the future upcoming threat to the community.

Finding the way exempted from all hurdles, theories were introduced by the legislative authorities /assemblies regarding their superiority to make ,suggest and approve any amendment what so ever, in any article as, if and when required, with out the consultation and recommendations of the superior courts and constitutional experts/ authorities .

This attitude was on the plea of their heavy mandate given to them by the people of Pakistan.

In spite of the fact that continuous manipulation and forecasted effects were visible to the constitutional experts and scholars, but nobody bothered to intervene, resultant was being watched and seen by whole nation, this I don’t need to mention here.

The point of concerned here is, why similar action was not initiated at that time, what is going on today? Answer to this is many folds, but in my opinion; it was the same merit that was again the mother of all disaster.

If judiciary has been spared and appointment being conducted on the basis of qualification, experience, expertise, and professionalism and not on political affiliations and belongings, this would have never been happened what have been done with justice Sajjad Ali Shah and Justice Iftikhar Choudhary.

Present judicial benches have too many qualified and professional honorable judges, and we hope and expect that by virtue of their sensitive and implementing authoritative positions, as per their liable empowered appointment, will react as a trend settler to exercise the true picture and itsimage, recompensing the system and trends in Pakistan , and holding the access to such a critical appointment by shuttering doors and bells of influence ,political rewards and decent bribes, as we still see a number of such workers running after to hold the fort of benches .

It is worth mentioning here that, in U.S.A and else , judges are regularly removed if they are inept and / or corrupt, but in U.K, as per a close observer and a critic, jeff,surrey,“judges performance do not need to be monitored, as English judges would never be corrupt and /or inept because they are English after all chaps”.

However there are still unprecedented steps in Britain as well in which disciplinary cases against judges were sent to the office of judicial complaints with the agreement of the Lord Chancellor and on recommendation and referral of lord chief justice.

This referral for disciplinary proceedings can lead from a possible reprimand to sending a judge on a training course or at severe end of spectrum, recommendation and address of Lord Chancellor, for removal.However both houses of parliament are the only option for such dismissal under constitutional reforms act of England.