Saroop Ijaz on the judiciary in Pakistan: The Tone of Voice, My Lord
...My Lords cannot decide political matters for us and if they do, then they cannot expect unquestioning obedience. I urge everybody to read the excellent report by Human Rights Watch (HRW) on how My Lords do not like criticism. It seems that a certain segment of our “independent” (synonymous with uncritically pro-judiciary these days) media has taken it upon themselves to respond to the balanced critique of the HRW on behalf of the Court by starting a shameful smear campaign of yellow journalism against the HRW and the brilliant, indomitable Syed Ali Dayan Hasan. The internationally established credibility of Ali Dayan and the HRW are not going to be affected by this. However, My Lords, you do not need sycophantic friends/foot soldiers like these, you are better off listening to the sane advice of the HRW.
My Lords have already taken up the role of economic and energy management with their decision to set the CNG prices. Here again, My Lords are not particularly concerned about demand and supply. For example, lowering the CNG prices for private automobiles raises demand for it, which means more diversion from the industry, causing unemployment, food shortages (if fertiliser factories close because Toyota Corollas with CNG are being preferred). However, making the right choice might not be “popular”. Not popular with the right constituency. The Lawyers’ Movement was spearheaded by the urban middle class. My Lords, the “awam” does not have automobiles, CNG fitted or not. The “awam” needs a better public transport system. And that is a job that the government/s has/have to perform. We appreciate the concern; however, My Lords, although being undeniably jurists par excellence, are not economists. And their opinion on the matter should not be binding. My Lords have the mandate of interpreting and implementing laws. If they want to run this country, I am afraid they will have to resign and contest elections. Just a gentle cautionary note, then it becomes harder to restrain people from criticising. Popularity always has a downside.
My Lords have already taken up the role of economic and energy management with their decision to set the CNG prices. Here again, My Lords are not particularly concerned about demand and supply. For example, lowering the CNG prices for private automobiles raises demand for it, which means more diversion from the industry, causing unemployment, food shortages (if fertiliser factories close because Toyota Corollas with CNG are being preferred). However, making the right choice might not be “popular”. Not popular with the right constituency. The Lawyers’ Movement was spearheaded by the urban middle class. My Lords, the “awam” does not have automobiles, CNG fitted or not. The “awam” needs a better public transport system. And that is a job that the government/s has/have to perform. We appreciate the concern; however, My Lords, although being undeniably jurists par excellence, are not economists. And their opinion on the matter should not be binding. My Lords have the mandate of interpreting and implementing laws. If they want to run this country, I am afraid they will have to resign and contest elections. Just a gentle cautionary note, then it becomes harder to restrain people from criticising. Popularity always has a downside.
There are people who do not understand that if an institution or a province wants to act for the betterment of the entire country, why anyone should have a problem with that. For them, let me conclude with Simon Raven’s, Sound the Retreat, where a British army officer is having a conversation with a native on the eve of independence. The Colonel asks, “Why are you so keen to get rid of us, Munshi sahib.” Munshi responds, “Because we wish to run our own affairs. We shall not order them as efficaciously as you do, my God, no, but then efficacy is not important to us, you understand…”. Colonel, “It’s your fault. You will insist on the British leaving”. To which the native Munshi replies, “Partly because we do not like to be spoken to in that tone of voice”.
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