Constitutionally, present judiciary in Pakistan neither can give any decision, which is not compatible with the teachings of Islam nor it can take any other measure contrary to the teachings of Islam, and Federal Shariat Court is their to determine the nature of laws whether existing laws are Islamic or contrary to it.
Maulana Sufi Muhammad, ANP ruling leadership of NWFP, all the elected members of National Assembly excluding MQM elected members and one another MNA, had agreed to implement Nizam I Adal regulation in Malakand division, the regulation was finally signed by President Asif Ali Zardari too.
Members of Pakistani intelligentsia including female writers have raised questions in the press about constitutionality and moral standings of Nizam I Adal regulation, but Maulana Sufi Muhammad and his belligerent son in Law Maulana Fazalullah through his armed Taliban militants had created fear to the extent that political leaders and civil society members are scared enough to react against it. Interestingly Supreme Court of Pakistan has also taken no souo moto action regarding Nizam I Adal regulation which is in essence against the spirit of Pakistan’s constitution.
Only MQM leadership had vehemently opposed the Nizam Adil regulation and due to MQM’s militant nature, though it participates in elections, is in a position to confront militants of Malakand division. Media reports reflect that Maulana Sufi Muhammad had denounced the existing judiciary in Pakistan and had termed it as institution contrary to Islamic Shariat. American officials are predicting attack of Taliban militants of Malakand division on Islamabad, Pakistan Armed forces do not consider the said militants as potent threat to existing system.
One thousand lawyers working in Malakand division are now restless; Qazi courts established under Nizam I Adal regulation exclude the lawyers from new judicial system in Malakand division. Only Mullah will head the Qazi courts and will be a final judge in all his decisions, his decision can not be challenged in any other court of law in Pakistan. Most of the analyst in Pakistan are of the view that people of Malakand division will be at the mercy of Maulana Sufi Muhammad and his son in Law Maulana Fazalullah and after formation of Qazi courts and probable genocide of their opponents in the said area will be a possible outcome.
Complaints regarding existing judicial set up in Pakistan can be removed by inducting more judges speedy justice can be provided to the people of Pakistan including people of Malakand division which is also an integral part of Pakistan, by making judicial system fairer and transparent we can remove corruption from it too. Formation of parallel judicial system run by Mullah is neither feasible nor compatible with the spirit of constitution.
Submitted by
Abdur Raziq
Cell phone # 00923339607378
Note: This article of mine has been also published at http:raziq1.blogspot.com
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