The Judicial Rape Of Justice!

An Anti-Terrorism Court (ATC) of GILGIT on Monday sentenced Muttahida Qaumi Movement (MQM) chief Altaf Hussain to 81 years in prison and imposed a fine of Rs2.4 million. The court also ordered to confiscate the properties of the MQM chief and open the same for auction. The court gave its verdict on a treason and incitement to violence case filed against the MQM`s founder. http://www.dawn.com/news/1212599/gilgit-atc-sentences-altaf-to-81-years-in-prison

The story began when MQM`s founder Altaf Hussain in his speech criticized Sindh Rangers and the Pakistani military establishment over the illegal arrests, enforced disappearances, in-custody torture and even extra-judicial killings of MQM`s workers and supporters. Question is, when the sub-force of army (Rangers) are involved in these illegal acts, why not to criticize them?

Secondly, Altaf Hussain has been calling attention of all the people and authorities concerned towards the victimization of his following community for last two years. Then, why didn`t any of them notice the same?

Furthermore, on Altaf Hussain`s instructions, MQM`s elected representatives raised this very serious issue in the meetings with the officials of the concerned authorities, in parliament, through press conferences and even by way of public protests, but none of them tried to stop the brutality; rather vowed to continue the operation causing the same.

In the same connection, even the families of the MQM`s missing persons staged protests outside the Sindh High and Supreme Courts appealing the chief justices to take suo moto notice of enforced disappearances by the Rangers and Police. But, instead of the justice, they received the mutilated dead bodies of their loved ones dumped in farther areas of the city and also beyond.

Question is, when the so-called independent and active judiciary altogether failed to provide justice to the MQM`s victims, do they morally and principally deserve to take action against MQM`s leadership for angrily criticizing the perpetrators and their planners??

It is on record that in 2007 a movement known as “Lawyers` Movement” headed by then Supreme Court Chief Justice Iftekhar Choudhry began with the slogan of independence of judiciary all over Pakistan. That movement was not against a political government over any social injustice, but against an in-uniform army chief for restoration of the deposed CJP. Political and religious parties, civil society and even the sitting judges not only supported, but also very actively participated in it. That was the only time in the history of Pakistan when a sitting army chief (General Pervez Musharaf) and his institution were maligned the worst way.

The leaders of the movement, not only criticized the army, but also incited the general public to come out on roads against the so-called military dictator. In this connection, they (led by the CJP Iftekhar Choudhry) visited all over the country by roads to mobilize people. 

Interestingly, the Pakistani media instead of banning or boycotting the violent movement and the abusive language of the lawyers against army and its head, not only extra-ordinarily covered each and every event of the movement, but also played a crucial role in turning the public opinion against General Musharaf and the military establishment. Still the Pakistani media-men feel pride over that contribution.

To tell the truth, if we leave out the resistance/civil disobedience of the lawyers and judges and their efforts to motivate people to come out on roads in protest, their movement could not be successful at all.

This is the result of the same violent struggle and the anti-Musharaf campaign that the present Supreme and High Courts are being headed and run by the judges and lawyers who participated in the movement. More than a hundred (100) judges, who did not go against the army chief, were kicked out by them.

Now keeping in view the recent verdict of ATC of Gilgit and also the one of Lahore High Court against MQM`s chief Altaf Hussian, do all these judges themselves not deserve to be tried, convicted and sentenced the same way for having committed a worse crime during lawyers` movement in 2007? When yes, why are they still on the honorable positions of judges? 

Does the Constitution of Pakistan contain any discriminating law/clause that exclusively gives immunity to them? When no, then is convicting Altaf Hussain not the judicial rape of justice in Pakistan?