By their misbehaviour, Gen Munir and the other Pakistani generals have convinced me that they are a bunch of blockheads leading their country to disaster. The clearest proof of this is their destruction of the independence of Pakistan's judiciary, as it happened after the events of May 9, 2023 (which many say were stage-managed), and as evidenced by the explosive letter of six judges of the Islamabad High Court to the Chief Justice of Pakistan and the Supreme Judicial Council of Pakistan.
Let me explain.
We must first understand what is the purpose of a judiciary in society.
It is in the nature of things that in every society, in all countries, and in all ages, there will be some disputes between the people among themselves, and between the people and the authorities. Hence there must be a forum where such these disputes are resolved peacefully, otherwise they will be resolved violently, by swords, guns or bombs. Therefore an independent and unbiased judiciary is a sine qua non to every society, and no society can function without one.
Take, for instance, a dispute which a person has with his neighbour over a piece of land. He comes to court, and files a case.The court issues notice to his opposite party, sees the evidence, hears counsels of both sides, and then gives its verdict. The party which loses still gets the satisfaction that he was given a hearing, and this reduces his heart-burning, and thus restrains him from committing violence (which he may otherwise do).
A study of history books shows that in every society, in all ages there was a judiciary. Thus, we read in the book 'Indica' written about 2300 years ago by Megasthenes, the Greek ambassador of Seleucus Nicator to Magadh emperor Chandragupta Maurya, of the judiciary (presided over by the emperor himself) in Pataliputra.
Similarly, the Mughal emperors were great lovers of justice, and everyone knows of emperor Jahangir's chain of justice.
Another example is the justice done by Qazi Sirajuddin, the Qazi-e-Subah of Bengal in 1490.
After the events of May 9, 2023 in Pakistan the Pakistan army has destroyed the independence of Pakistan's judiciary by blatantly and brazenly interfering in its functioning and independence, which amounts to destroying the judiciary itself, for a judiciary is nothing unless it is independent and unbiased.
Over 14,000 people (including women and children) were arrested in Pakistan on trumped up charges after the events of May 9,2023, beaten, tortured, and incarcerated in jail in inhuman conditions, where they are still languishing, and the judiciary has been rendered impotent to interfere by Pakistan's all-powerful army.
The Pakistan generals think themselves too clever by half, but they do not realiise that by doing so they have set ablaze a fire which will sooner or later consume the generals and their families, too. They do not realise that destroying the judiciary is going to unleash large-scale violence and guerrilla wars all over Pakistan, causing massive horrors and deaths.
I shudder to say this, but the speech made by Mark Antony before Caesar’s body in Shakespeare’s Julius Caesar portents the days which are coming in Pakistan:
''A curse shall light upon the limbs of men; domestic fury and fierce civil strife shall cumber all the parts of Italy; blood and destruction shall be so in use and dreadful objects so familiar that mothers shall but smile when they behold their infants quarter’d with the hands of war; all pity choked with custom of fell deeds: and Caesar’s spirit, ranging for revenge, with Ate by his side come hot from hell, shall in these confines with a monarch’s voice cry “havoc!” and let slip the dogs of war; that this foul deed shall smell above the earth with carrion men, groaning for burial.”
Julius Caesar: Act 3 Scene 1
Justice Markandey Katju retired from the Supreme Court in 2011.
The opinions expressed in this article are those of the author and do not purport to reflect the opinions or views of THE WEEK.
