According to political science, the parliament, judiciary and administration are the pre-requisites of a modern democratic state. The task of the parliament is to make the laws. The job of the administration is to implement the laws and the function of the judiciary is to interpret the laws. If a law passed in the parliament collides with the constitution and is challenged in the Supreme Court, it can be nullified. The respect for judiciary is supreme. Countries ruled by the monarchies do not respect the law; the words of the king are the final rulings and provisions of law. Actually, there is no law in the undemocratic states. Pakistan is a democratic country, but unfortunately the agencies and military rulers are ruling it. In 1956 General Ayub Khan imposed martial law in Pakistan. Certain politicians were jailed and declared incapable to participate in politics for ten years. He had the plan to rule over the country for at least ten years. His deviation from the democratic process damaged the country. The supremacy of law was set aside. The judges should have declared his martial law illegal, but they also acted on the law of convenience and harmed the integrity of the law. I once met president Ayub Khan and he told me that he had ruled the country like the Moghal emperor Akbar. Undoubtedly he was a patriot and great administrator but, being from the army, his mind did not lean towards establishment of democracy. Because of his undemocratic policies, the people of East Pakistan felt ignored and segregated from the mainstream of politics. Eventually they revolted under the leadership of Mujib-ur-Rehman, and Pakistan was dismembered. Similarly, the next military dictator, Yahya Khan added fuel to the fire. Instead of seeking political solution of the problems, he took military action and innumerable Pakistanis were killed.He wanted to remain the president, but Mujib did not agree. The lust of power of a military dictator threw us into the chasm of disasters. The next military dictator general Zia-ul-Haq ruined the country. First he decided to exile Bhutto for ten years instead of keeping him in prison, but was scared of the honorable return of Bhutto under the pressure of the masses. Hence, the dictator decided to hang Bhutto. And Zia, to strengthen his own rule, sowed religious extremism, sectarianism, and terrorism in the country. His wishing to banish Bhutto for ten years revealed his inner desire to rule over the country for ten years and his fear of Bhutto’s popularity led this power-thirsty military ruler to punish Bhuto by death. Today, General Pervez Musharaf also wants to linger on his rule. The judges of Supreme Court in 1999 should not have granted him the period to continue his regime for three years. It windows the weak side of our judiciary, from which we are suffering today. A judge remarked that generals do not come to power on the advice of the judiciary; they grab the power, and, if the judiciary does not give them grace period to restore democracy, the generals can abrogate the constitution and suspend the courts, as they do not believe in the supremacy of law. According to article 6 and its sub-clauses, the sentence of the imposer of martial law is capital punishment or at least life imprisonment. These generals very adroitly coin up new terminology to save them from the constitutional punitive steps. So-called experts of constitution, like Sharif-ud-Pirzada, are found in all governments to misinterpret the constitution.
