ACE OF THE AIR
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In India the Supreme Court remained Independent at all time but in Pakistan it only became independent after the Lawyers movement. Still there are pending issues and the "doctrine of necessity" still lingers on though politicians think it is buried. We are hoping for some interesting decisions coming soon but not with high hopes.Yeah, I remember one of your judges Mr. Iftikhar Chaudhary, he was a real firebrand!!
In the end courts can do only so much. There is always a threat to brave justices from nefarious interests be it politicians, militants or industrialists. What i do believe is once the judges have given their verdict whether good or bad, it must be enforced with full power of the state. If rule of law collapses or is not enforced it is then the country becomes a failed state. Nothing else is more important for a country.
In India we had a dark time during emergency when all judges were puppets of Indira Gandhi, everyone knew that judges verdict regarding emergency was not correct but still our army and police enforced it. People waited and filed appeals in Supreme court and the full strength of Supreme Court i.e. all twelve judges delivered a final verdict which is hailed as a landmark judgement all across the world from US to Bangladesh. Just a few months ago US Supreme Court Judge quoted that verdict in some case.
As long as the literacy rate improves till then the political systems or any other system that gives protection can not termed as being fair and just. There are going to be many loopholes and people will continue to be corrupt.
I remember one of my teacher who was a former Justice of Federal Sharia Court stated that one of his judment was considered by the US Supreme Court in toto while deciding a similar case in the US.
The recent decision by the US Supreme Court (same sex marriages) was known to be in favor because there was a lot of public support and the recent political issues were also regarding freedom of expression and right to life.