JC ends political uncertainty
No better TORs could be framed
By Mian Saifur Rehman
August 03, 2015
Judicial Commission (JC) comprising three office-holders of the supreme seat of wisdom and justice has done a very big service to the nation, not by favouring or disfavouring any party but by ridding it of political uncertainty that was eating into our vitals even far more dangerously than armed militancy or terrorism.
Of course, this is not an exaggerated statement. The mass uncertainty caused by allegations of systematic rigging in 2013 general elections that had led to widespread despair on the socio-political landscape, is all over now. The Judicial Commission headed by Chief Justice Mr Justice Nasirul Mulk and Justice Amir Hani Muslim and Justice Ejaz Afzal Khan as its members, has set the country on a new track by fulfilling its responsibility with clarity of vision and approach. All the rumours and gossip stand nullified and negated that were throwing guesses that the findings would be confusing based on ‘ifs’ and ‘buts’ that could be used to their respective advantage by the either party. Not only the rumour-mongers but also some renowned analysts and so-called experts on the subject were expressing views with an air of authenticity that the findings would be such that Pakistan Tehreek-e-Insaf (PTI) would declare these findings as its victory whereas Pakistan Muslim League-N would simultaneously own it as its own victory. The pretext used for these guesses was the history- if not tradition- of some confusing verdicts of the past, the prominent one among which was the declaration of martial law imposers as usurpers with no relief given to democracy by the legal forums of those times.
Now, however, the honourable learned judges of the Supreme Court have proved that gone are the days of confusing findings and decisions. And even though there is a difference between a judgment and findings, the clarity of approach, unyielding commitment to doing justice, the minute examination of witnesses and thorough thrashing out of the entire evidence provided by the complainant parties including PTI obviously, has conferred nationwide acceptability on JC’s findings.
As many as 69 witnesses were examined that included politicians, government and judicial officers and journalists and the Commission conducted 39 hearings while more than a dozen witnesses out of total 69 belonged to PTI.
As for Terms of Reference (TORs), they were framed after senior leaders from the two parties, PML-N and PTI, reached a consensus. The TORs were quite pertinent and no better TORs could be formulated than those mutually decided by the leaders from the two parties. Even other political parties practically endorsed these Terms of Reference subsequently by appearing in the JC in the overall context of these TORs according to which the Commission was to determine whether or not the 2013 general elections were organised, conducted impartially, honestly, fairly and justly in accordance with law. The JC was also to determine whether or not the 2013 general elections were manipulated or influenced pursuant to a systematic effort or by design by anyone besides finding out whether or not the results of the 2013 general elections on an overall basis were true and fair reflection of the electorate’s mandate.
There could be no better TORs than this. Then why some persons are now confounding the confusion after the JC report that TORs should have been different. A study of the TORs reveals that other type of TORs would have been of no use to the system or the country and in case other TORs would have been formulated, the findings would have been no different from the ones announced the other day by the JC. Other two key factors that have brought countrywide recognition to the JC report are the immaculate reputation of the honourable judges and the chief complainant, Imran Khan’s concurrence in the composition of this Commission comprising the three honourable, wise and learned judges specifically.
It is also worth mentioning that the senior most members of superior judiciary are honoured as the wisest men capable of resolving disputes and giving guidelines with their immense wisdom and legal profession’s experience whether they are presiding over the verdict-announcing forums or whether they are conducting probes/inquiries. It is particularly on the latter account that the entire nation has welcomed the clear-cut findings that will now bring political stability though it doesn’t give clean chit to the sitting government to remain idle and negligent about the people’s ever-aggravating problems and troubles. And it is on the basis of these two accounts that PTI Chief Imran Khan has swallowed the findings that reject all his accusations outright.
The government of Mian Nawaz Sharif and PML-N has, however, earned a moral victory that is likely to boost its image further in addition to expanding its vote bank. But at the same time, it devolves greater responsibility on the present ruling party and its government to work with greater dedication towards the resolution of people’s problems.
Of course, this is not an exaggerated statement. The mass uncertainty caused by allegations of systematic rigging in 2013 general elections that had led to widespread despair on the socio-political landscape, is all over now. The Judicial Commission headed by Chief Justice Mr Justice Nasirul Mulk and Justice Amir Hani Muslim and Justice Ejaz Afzal Khan as its members, has set the country on a new track by fulfilling its responsibility with clarity of vision and approach. All the rumours and gossip stand nullified and negated that were throwing guesses that the findings would be confusing based on ‘ifs’ and ‘buts’ that could be used to their respective advantage by the either party. Not only the rumour-mongers but also some renowned analysts and so-called experts on the subject were expressing views with an air of authenticity that the findings would be such that Pakistan Tehreek-e-Insaf (PTI) would declare these findings as its victory whereas Pakistan Muslim League-N would simultaneously own it as its own victory. The pretext used for these guesses was the history- if not tradition- of some confusing verdicts of the past, the prominent one among which was the declaration of martial law imposers as usurpers with no relief given to democracy by the legal forums of those times.
Now, however, the honourable learned judges of the Supreme Court have proved that gone are the days of confusing findings and decisions. And even though there is a difference between a judgment and findings, the clarity of approach, unyielding commitment to doing justice, the minute examination of witnesses and thorough thrashing out of the entire evidence provided by the complainant parties including PTI obviously, has conferred nationwide acceptability on JC’s findings.
As many as 69 witnesses were examined that included politicians, government and judicial officers and journalists and the Commission conducted 39 hearings while more than a dozen witnesses out of total 69 belonged to PTI.
As for Terms of Reference (TORs), they were framed after senior leaders from the two parties, PML-N and PTI, reached a consensus. The TORs were quite pertinent and no better TORs could be formulated than those mutually decided by the leaders from the two parties. Even other political parties practically endorsed these Terms of Reference subsequently by appearing in the JC in the overall context of these TORs according to which the Commission was to determine whether or not the 2013 general elections were organised, conducted impartially, honestly, fairly and justly in accordance with law. The JC was also to determine whether or not the 2013 general elections were manipulated or influenced pursuant to a systematic effort or by design by anyone besides finding out whether or not the results of the 2013 general elections on an overall basis were true and fair reflection of the electorate’s mandate.
There could be no better TORs than this. Then why some persons are now confounding the confusion after the JC report that TORs should have been different. A study of the TORs reveals that other type of TORs would have been of no use to the system or the country and in case other TORs would have been formulated, the findings would have been no different from the ones announced the other day by the JC. Other two key factors that have brought countrywide recognition to the JC report are the immaculate reputation of the honourable judges and the chief complainant, Imran Khan’s concurrence in the composition of this Commission comprising the three honourable, wise and learned judges specifically.
It is also worth mentioning that the senior most members of superior judiciary are honoured as the wisest men capable of resolving disputes and giving guidelines with their immense wisdom and legal profession’s experience whether they are presiding over the verdict-announcing forums or whether they are conducting probes/inquiries. It is particularly on the latter account that the entire nation has welcomed the clear-cut findings that will now bring political stability though it doesn’t give clean chit to the sitting government to remain idle and negligent about the people’s ever-aggravating problems and troubles. And it is on the basis of these two accounts that PTI Chief Imran Khan has swallowed the findings that reject all his accusations outright.
The government of Mian Nawaz Sharif and PML-N has, however, earned a moral victory that is likely to boost its image further in addition to expanding its vote bank. But at the same time, it devolves greater responsibility on the present ruling party and its government to work with greater dedication towards the resolution of people’s problems.
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