News: In Pakistan, Emergency and PCO order have been challenged in court. A BAD MOVE.
History gives us clear picture. Whenever such orders have been challenged Courts have upheld them. The judges that have been sent home by recent PCO, took oath under PCO when Musharaf came. And then they gave it legal backing.
Why I am against that? Because during these cases the judges are hand selected.
Judges who have taken oath under th PCO, how can they declare it ‘against the law’? By taking oath they have already given their verdict, its at least legal enough to get their oath.
Back to the Challenging the Emergency and PCO in Supreme Court.
Its even morally questionable, these new PCOed Supreme Court judges are party of this case because they directly benefits from this. In fact Cheif Justice Of Pakistan played an important part in this emergency/martial-law. Had he not taken oath as Chief Justice, rulers would have found themselves in much worse position than now.
It would have been better if the Supreme Court have been left aside, with no cases from civil society to be presented to them, no opportunity should have been given to them that they could be reported/described as the Judges of Honorable Supreme court. Now the PCOed Chief Justice will be given opportunity to decide to declare what he did was lawful. They would be able to say that the judges could be sent home with the force.
What I feel is that they will add some conditions (as done by 1st PCOed Court) and then allow the government to continue their play.
Let me give you glimpse of something that happened just some months ago
In America the Mr Gonzales found himself in the deep sludge when American nation got to know that some of the judicial-officials have been removed on some political basis. Note that by removing them he did not violated any law, but he was questioned because his intentions were not right. This is the power of the developed nation, where government officials are not questioned because what they have done is legal or illegal but that their intentions while executing the legal orders had political/personal intentions.