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Monday, December 21, 2009

Another aspect of the judgment

Another aspect of the judgment: As the heading declares, this is another aspect of the decision handed by the SC. Some excerpts:

* Witch-hunts, rather than the impartial administration of justice, will keep the public amused. The norms of justice will be judged by the level of humiliation meted out to the wrongdoers, rather than strengthening institutions capable of protecting the rights of the people.

* The judgment has also sanctified the constitutional provisions of a dictator that placed a sword over the heads of the parliamentarians. Moreover, it has used the principle of 'closed and past transactions' selectively.

* If the NRO was violative of fundamental rights and illegal ab initio, then whether the parliament enacted it or not it would have eventually been struck down. By affording parliament an opportunity to own up to the NRO appears to be a jeering gesture unbecoming of judicial propriety.

* After all, judges are selected purely on the value of their integrity and skills. Judges who erred in the past seek understanding on the plea that they subsequently suffered and have made amends. Should others also not be given the same opportunity to turn over a new leaf? How will sagacity and non-profligate behaviour be judged? (Asma is pointing to those judges in the present SC who took oath under Musharraf's first PCO - and that insludes Iftikhar Chadhry ~~t)


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