May 19, 2013 | 02:45 AM (BD Time)

19 May, 2013 Sunday

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Justice between the lines

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Dr. M. S. Haq

Practices of using outcomes of reading a country's law against the backdrop of for example and as appropriate reading between the lines of that law on matters pertaining to, connected with, and ancillary to, eventual dispensation of justice to all concerned by all concerned in overall pursuits of the right and affordable justice for all at all times - could inter alia be instrumental in providing structural support to efforts towards the right and affordable justice for all at all times similar, in a sense though, to structural support role of proteins in say the human cell, attaching to cytoskeleton structures, which holds organelles in place in the cytoplasm.

It implies things such as and as appropriate structural support, as well as integrity for the right and affordable justice for all at all times could gain the strength and the power from, among other things, a proper use of outcomes of reading between lines of the law of land by all concerned including inter alia Pak chief judge and his team. It also implies a structurally - physical or otherwise, as applicable - solid and integrated efforts towards the right justice could (help) make the right justice a reality, in varying degrees though, in the presence of limitations including inter alia variables of Gene mechanics at individual, collective and other levels - humans, environments, and others, whether alone or in combination with others or otherwise, as applicable. Gene mechanics is one of my present day brain children. 

Demands and opportunities for reading between the lines and their application to pertinent areas - when it comes to say processing and delivering of justice in overall pursuits of the right justice in relevant areas - are on the rise against the backdrop of for example and as appropriate changing and expanding realities associated with the cause, the effect and the causality of: cognizable offence; Principal of Natural Justice; aggravating and extenuating circumstances; technologies favoring justice, injustice and other things; increasing difficulties of paper judgment when it comes to delivery of the right justice; and growing interdependencies at local, global and other levels - freeing justice from say home-based isolations in terms of consequences and ramifications within and beyond the national interest, as well as border; to mention a few. It could be said, in a sense and as appropriate though - the right and affordable justice for all at all times is not apparently immune at present to regimes - think locally and act globally and act globally and think locally for say common good.

I believe in inter alia and as appropriate - justice cannot overrule common good unless common good overrules justice and vice versa. But having said that, I also believe a common ground for meaningful and balanced co-existence, as well as function of justice and common good could afford both of them opportunities for complementation and supplementation in pertinent areas for mutual reinforcement, contextual relevance, and satisfaction of all concerned including inter alia beneficiaries on a per capita basis, as maximally practicable though.       

Situations are now-a-days becoming more complicated than expected when judges and concerned others, at local, global and other levels, elect to base - 'final justice' - only on the lines of law of land and not on between the lines of law of land at the expense of say justice related insufficiency, people's right of, and entitlement for, the right and affordable justice for all at all times, national interest, international convention, and justice for injustice of a variety of kinds, faces and dimensions, all in pursuits of, as appropriate though, promotion of individual or partisan agendas in relevant areas,  paucities of objectivity, as well as realism, whether consciously or otherwise, in the dispensation of justice, to mention a few. Present day civilization should not become a civilization of harmful blind justice or harmful half of a justice or harmful quarter of a justice or otherwise, as applicable.

How could Pakistan attempt - as a result of apparently harmful, subjective and arrogant judicial activism, by implications and by ramifications, to mention a few, in pertinent areas - to handing over sitting President of Pakistan Asif Ali Zardari, who enjoys at present immunities in pertinent areas both at home and in abroad under local and international laws, to a magistracy of a foreign country? How about the trial of present Pak chief judge who had already violated consciously (he could have resigned then) Pak constitution - that is Pak law - by giving legitimacy to military regime and PCO of President Musharraf as the then Pak chief judge in apparent pursuits of inter alia advancement of his personal agendas at the expense of people's entitlements in pertinent areas, the right and affordable justice for all at all times, democracy, constitution, and the parliament, to mention a few. It will not be out of place to mention here: Pak law is inter alia the basic unit of work plus function of biological organization of Pak parliament, similar to, in a sense and as appropriate though, cells in terms of say the human body. How about a quicker and credible government investigation focusing on inter alia possible involvement of Pak chief judge in his son's case - resulting in a possible criminal justice proceedings against Pak chief judge?

I strongly believe Pak chief judge has lost inter alia and as appropriate his moral credibility and his justice making (I mean, the right justice) capability by dint of his own acts and omissions - leaving alone his physical aging processes when cellular repairs, and the cell division to replace old cells become more difficult to achieve - that amount to misconduct on his part both during the military regime in the immediate past and the present democratic regimes under able and overall leadership of President Asif Ali Zardari.

The last word: I believe the time is now ripe for world people and institutions including inter alia the media to consolidate gains of sciences, arts including inter alia the law, medicine including inter alia forensic medicine, space technologies, integrative engineering and concerned others in pursuits of inter alia and as appropriate liberating justice at local, global and other levels from clutches of harmful variables of mindsets of, as appropriate though, the judiciary and expediting devolution of justice in pursuits of the right and affordable justice for all at all times under regimes of change, relativism, transformation, uncertainty and interdependency, to mention a few, of one or more than one universe - that are being increasingly perceived, felt or experienced otherwise as applicable, by humans and others.

It is the duty of concerned governments to ensure that they do not take the law of land into their own hands for say narrow partisan gains - at the expense of per capita entitlements of people including those of the voters, the right justice, and others - under the cover of the power vested on them by people via for example per cycle general election votes. It is the duty of concerned governments to ensure that judiciary does not impose injustice in the name of justice. It is the duty of concerned governments to regulate, in a proper manner, hiring, firing and retention of judges for the sake of the right and affordable justi