Manipulation of the Western Judicial System
No doubt, law protects the rights of the weak and the poor by addressing the grievances of the distressed parties. Fairness of judicial system resuscitates the entire national edifice through distinguished and valuable verdicts, while maintaining symmetrical impartiality. The system ensures provision of justice to every citizen, irrespective of color, creed, caste, political affiliation, socio-economic status, prestige and degree of influence. Thus courts and judicial system transpire lifeline of every nation by providing breathing space and steadfast foundation—for the victims and the feeble. The social order gets reinforced by excellence of judicial system and so is the case of moral values.
Unfortunately, in case of Pakistan, Western or US judicial system is based on manipulative finesse and exploitative abilities of the lawyers. In the working legal system of the country, the emphasis is more on winning the case rather than ensuring that justice has been done. It is more important to see how smartly the case has been presented and how strong were the support arguments to influence the concerned honorable judge.
Resultantly, smartness of the advocate or solicitor may allow the criminals to walk freely, while the innocent is punished. In the prevailing legal system, outcome can be reversed—should the lawyers change sides. At political level, the law is used as a weapon in which Western laws and judicial system is abused to achieve strategic, military, politico-social and economic objectives.
In this regard, the term ‘Iawfare’ appears to be the substitution of warfare which is used for negative manipulation of international and national human rights—laws to accomplish purposes other than, or contrary to those for which they are originally enacted. Practical manifestation of ‘Iawfare’ becomes obvious, as West and USA use law as a weapon. In this context, the US-led troops including the personnel of the CIA and the FBI are exempted from acts of human rights violations, illegal occupation and torturing the prisoners in jails, detention centers and CIA facilities, as it was done in Abu Ghraib prison in Iraq, Guantanamo Bay etc., while US troops and intelligence staff have been exempted from any war crime trial for their misdeeds in Iraq, Afghanistan and elsewhere in the world.
In certain cases, war crime trials are held against individuals whose conduct was absolutely according to the existing laws. In the Nuremberg Trials, an international tribunal could punish acts of captured Nazi officials, which were perfectly legal in Fascist Germany. Similarly, the War Crime Tribunal in Bangladesh executed Jamat-e-Islami leaders like Abdul Quader Molla, and the ongoing trial of the others, branding them war criminals, whereas their support to Federal Government of Pakistan was very much legitimate. In this respect, Bangladesh is involved in using ‘lawfare’ against its own citizens, knowing full well that the victims simply sided with and supported their own legitimate Federal Government of Pakistan in 1971. It is shame for the government of Bangladesh that it has a politically charged legal system.
In fact, Western or the US judicial system with all its negative manipulation has crept into South Asia including India and Pakistan.
Pakistan where laws are selectively applied, court cases are managed and efforts are made to win the case under all circumstances. When own cronies become liable to be tried under the law, the laws are either amended or court verdicts are obtained to thwart the case for further hearing. In these terms, at domestic level, the legal system is negatively exploited by the state or political parties to implement laws inconsistent with general principles of freedom, rule of law and democratic norms.
It is notable that international secret agencies have prepared schemes to target Pakistan through ‘Iawfare.’ This is obvious from frequently used media term ‘judicial activism’ in which judiciary’s sou moto cases and anti-army assertions can be seen with concern.
It is mentionable that the threat posed by terrorism is dreadful, real and painful. The outcome of terrorist strike remains predictable, as it brings destruction, remorse and social disorder with awful human tragedy. Therefore, the entire society earnestly looks towards the armed forces, law-enforcing and intelligence agencies, especially the primary spy agency ISI to undertake steps to provide immediate relief to the victims—break terrorist networks and make life safer.
Undoubtedly, Pakistan’s armed forces and ISI have been working very hard to fight the menace of terrorism, and have paid heavy price by sacrificing their lives for the nation. Unfortunately, the terrorists have launched clever propaganda to promote their self-assumed agenda by associating themselves with Islam and creating sympathizers in social milieu, knowing that majority loves Islam. Therefore, a united national front could not be created to cope with the terrorists. In this connection, judiciary, as part of national segment appeared more independent and did not join in the fight against terrorism. People have been whispering around that judiciary, particularly under the former Chief Justice of the Supreme Court, Iftikhar Muhammad Chaudhry had developed some kind of vendetta against Pakistan Army including ISI, and showed insatiable desire to summon top military leaders, while maintaining a soft mind-set for the insurgents. However, such a mollycoddle attitude of courts encouraged the militants in their criminal acts of violence. People also talk that 12 innocent people in District Court of Islamabad lost their lives, as many terrorists managed to get freed from courts for lack of evidence.
While, Pakistan’s law-enforcing agencies and intelligence organizations which are well-prepared in coping with terrorism are engaged in identifying and locating the terrorist networks and their support-bases including informers and accomplices, but were discouraged as their actions were being challenged through courts regarding the validity and legality of their decisions. The militants’ lawyers availed the opportunity by indicating procedural penal flaws. Thus, many terrorists were freed by the courts due to lack of solid evidence in legal terms, though reality of their subversive activities existed. Owing to this practice, efficiency of law-enforcing agencies drops to zero level, giving a greater setback to war against terrorism and making the concerned official insecure in face of judicial grilling.
Terrorist presently under custody, if released by the courts because of judicial discourse will certainly join their main terrorist networks, thereby strengthening terrorist groups. Consequently, this ‘new style war’ will turn in favor of terrorists instead of law-enforcing and intelligence agencies which may suffer more in the hands of these culprits.
Similarly, since the Supreme Court of Pakistan has been dealing with cases of missing persons, especially that of Balochistan, while speaking in the tone of anti-Pakistan elements, Hamid Mir and other anchors of the Geo and Jang Group left no stone unturned in implicating Pak Army and ISI not only about the disappeared persons, but also human rights violations in Balochistan. While, fact of the matter is that majority of the missing persons have been killed in subversive acts like bomb blasts, target killings, ethnic and sectarian violence in various places of Pakistan, arranged by American CIA, Indian RAW and Israeli Mossad and their affiliated militants groups. In case of Balochistan, everyone knows that Balochistan Liberation Army and other separatist outfits including a group, Jundollah (God’s soldiers) gets logistic support from CIA and RAW. Their militants kidnapped and killed many innocent people and the security personnel in the province, while claiming responsibility. And since 2001, a majority of Pakistanis also left for Afghanistan for Jehad purposes, without informing their families, while many people joined the Jihadi groups. These insurgents groups are responsible for human rights violations in Balochistan. Regrettably, our judiciary body ignores this reality.
Meanwhile, the collaboration between Geo media network and India has been exposed, as leaders of various political and religious parties including all the segments of society have been condemning the Geo and Jang Group by showing solidarity with Pakistan’s armed forces and ISI in the aftermath of Hamid Mir episode which was manipulated by this media group. However, availing the opportunity, foreign media, NGOs and human rights groups reactivated their campaign against Pak Army and especially ISI by favoring the so-called Geo TV’s propaganda.
Particularly, Chairman, Pakistan Tehrik-i-Insaf (PTI), Imran Khan who has also defended the stance of Army and ISI, announced to boycott Geo and Jang Group. In a press conference, on May 17, this year, Imran Khan displayed documentary evidence, revealing that Mir Shakil-ur-Rehman, owner of the Geo and Jang Group is working against the national interests of Pakistan and is being funded by foreign countries like UK and the US State Department for shaping the national narrative on foreign agendas, while there is no audit of the Geo network which blackmails those who raise question in this respect. Imran Khan who has been protesting against the rigging in the elections 2013, repeatedly stated that PML (N) and Geo are the one team having common interests—Najam Sethi, an employee for Geo TV was made PCB chairman as a gift of Geo’s services, and rigging in the polls, while the ex-Chief Justice of the Supreme Court, Iftikhar Muhammad Chaudhry also played his role in this regard.
Nonetheless, ‘Lawfare’ presents ugly, but the real face of some Western powers and the US which have been destabilizing Pakistan to achieve their politico-military objectives by using law as a weapon. Such practices must be condemned and input be provided to ‘Lawfare Project,’ an internet based organization by raising voice against this warfare and its grave implications for the human civilization, while pointing out the manipulation of the western judicial system by anti-Pakistan entities, lawyers, politicians and so on.
Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power: Dangerous Shift in International Relations