Infamous Justice


Judicial revelations make our vision blurred and minds dormant. The oft-quoted dictum, judges don’t speak, their decision speak entailing praise or mockery. Bewilderment knew no bounds when a video of accountability court Judge-Arshad Malik, got viral allegedly dancing in drunkardness. It was enough to make his mockery. It is, also, a matter of sheer confusion. That embezzlement cases brewed to nab the politicians, remarkably of Zardai and Nawaz Sharif, always end in fiasco without recovering a penny. The nation stand at crossroads even, whether the democracy may lead us to the destination of a successful nation or after every decade or one and half decade an armed cop will come to fore to hold the reins of state and the sacred constitution will go suspended and lie in cupboard living in dust till times knowing no bounds. Connoisseurs and sages of the ages start rethinking, are we a living nation or horde of sheep to be driven by baton.
Main Muhammad Nawaz sharif was awarded sentence by the accountability court Judge-Arshad Malik-who is no longer amongst us, hence his character assassination after death is unwarranted and against the Islamic norms and principles. But we find a very formidable point cropping up from the uproar of his drunkard and dancing videos-went viral on social media. It was crystal clear from the contents of videos that the person dancing drunkard was the same. There is not even an inkling of doubt that the drunkard dancing in video was the Judge Arshad Malik.
After the videos went viral it became evident that the decisions awarded by Arshad Malik, had no warranty of ethics. Being a member of Islamic society and resident of Pakistan one has enough discernment to understand that the Judge holding the office of making decisions of the fate of other must stand on high moral grounds and his character must be above board. I have never met Mian Nawaz sharif neither his family members, nor their political supporters but I feel at the bed of thorns whenever my attention diverts casually towards the decisions awarded by Arshad Malik throughout his Judicial career as a Judge, i feel a spear piercing into my heart that a person of doubtful character made decisions of other persons, while his character was not such, as to work as a Judge. As soon as his character become sceptical, all his decisions, went automatically null and void as these decisions lost authenticity of high moral grounds.
A Judge must not have a scintilla of doubt in character. Even in un-Islamic countries Judges are appointed in a transparent system, even beyond a shadow of doubt. As soon as a scintilla of being a person of sceptical character arise, the person himself resigns the post, as person of disputed character with inherent manufacturing fault in ethics is considered incapable of holding an office of dispensation of Justice.
With the occurrence of videos going viral it was incumbent on high brains of Judiciary to take suo motu action and declare the decisions taken by Arshad Malik null and void. Apex court is the sign of supereminence, not supercilious and superb behavior is expected from the highest body of dispensation of Justice. After the decision of apex court the corridor of justice goes blind and the person had to go through the pleasure or affliction inflicted upon. The apex court is the cynosure of all eyes and even a cynic knows best that the wrongs done at lower level can be made to go to right direction by the apex court. It is the right of the people to expect transparent Justice and the apex court has lawful incumbency to righten the blunders made at any lower level. Human errors are inescapable part of human nature and eliminate the perverse minds from judiciary is solely and exclusively the domain of Supreme Court.
Main Muhammad Nawaz sharif was sentenced by a Judge who later on himself became allegedly a shameful character of human history. How he was imbibed and assimilated into judicial structure, is lament-worthy and eye-opener. Apex court is expected to take suo motu action and make the decisions of Arshed Malik ceasing effect. The cases decided by the shameful character be taken afresh to decide, to set the mode of Judicial activism upright way. Judicial activism is taken standing at pinnacle of glory and pre-eminence shedding the rays of Transparent Justice, illumine the minds and paths to tread on blindly or with open eyes as the path will go smooth to right direction.

Malik Muhammad Aslam Awan
(The writer is a journalist, author of English Book on current affairs
and independent analyst based in Lahore)
E-mail: mlkaslamawan@gmail.com
Gulshan-e-Riaz Colony, Bund Road, Lahore. Cell #: 0313-0063450

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