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How to
Establish a Truly Independent Supreme Court
 Imposing
term limit on Supreme Court judges, including CJ, is contrary to
the idea of independence of judiciary. Unfortunately, newly
elected coalition government wants to impose such limits on CJ
in the name of independence of judiciary. How judiciary will be
independent if Chief Justice will know he is only there for 3
years; and other judges will be looking after their seniority
issues to become Chief Justice instead of parting justice?
Government’s argument that all heads of
various departments or branches of government have term limit
why not Chief Justice is a fallacious and extremely erroneous.
Being a Chief Justice is not like being a Commander in Chief of
the armed forces or being a Federal Secretary. Being a Judge of
Supreme Court is very special job. Anyone who becomes a Judge at
the Supreme Court, including Chief Justice, should be free from
all sorts of fears.
Supreme Court judges are the top most
authority in any country to watch the interests and rights of
the citizens of the country. They have to protect these
interests and rights of the people from administrations which
have the inherent fascistic tendencies. Particularly, in a
country like Pakistan where rulers have behaved most inhumanly
for the last 60 years, the presence of independent and powerful
Supreme Court is of utmost importance.
This independence and power will only be
guaranteed if Supreme Court judges are appointed for life time
and they do not have the fear of any backlash while deciding
cases between state and its citizens.
Supreme Court judges, including CJ, will only
enjoy this independence and power if the life time terms of
their employments are guaranteed in the constitution of
Pakistan. How and when their employment will end should be the
sole discretion of the judge sitting on the Supreme Court.
Wherever in the world there are independent
judiciaries, the same principle is applied on Supreme Court
judges’ employment. Once they become Supreme Court judge, they
remain judge until they cannot perform their duties due to aging
or illness.
Supreme Court judges in the United States
also hold their positions for life. They perform their duties
till they think their age or illness is hindering their
performance as judge; then, they retire.
If the functionaries of the past and present
set-ups of Musharraf junta want to make Pakistan a better
country, they should not be afraid of Chief Justice Iftikhar
Chaudhry. He is an ideal judge. That is how a Supreme Court
judge should be—a judge who tried to protect peoples’ rights
from a totally gone berserk administration.
Therefore, if the present Musharraf junta
set-up is trying to bring a constitutional package to set term
limit on CJ’s position, instead of putting term limit on CJ’s
position, they should guarantee all Supreme Court judges,
including CJ, life time protection of their positions.
After Supreme Court judges get such
constitutional assurances and guarantees, only then an
independent Supreme Court will come into existence. Only then,
no adventurer will dare to illegally take over the country and
ask judges to take oath under any PCO.
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