Justice Markandey Katju writes to Chief Justice of Pakistan
New Delhi, 17 September 2023. Justice Markandey Katju, retired judge
of the Supreme Court of India, has written a letter to the new Chief Justice of
Pakistan. The content of the letter is as follows
To:
<dir.hrc@supremecourt.gov.pk>, <mail@supremecourt.gov.pk>
To Hon'ble
Qazi Faez Isa
Chief
Justice Of Pakistan
Islamabad
Dear
Brother,
Congratulations
on becoming the new Chief Justice of Pakistan.
I saw your
oath taking on the internet, and was touched by your fine gesture of asking
your wife to stand by your side while taking oath.
However, I
must tell you that you will be put to two tests :
(1) You have
taken a solemn oath to uphold the Constitution, which includes the fundamental
rights of citizens of Pakistan, like the right to life and liberty.
https://www.pakistani.org/pakistan/constitution/part2.ch1.html
As you know,
a fascist reign of terror has been unleashed in Pakistan by the Establishment
after the events of 9th May. Over 10, 000 people, including former Prime
Minister Imran Khan and several PTI leaders and workers/supporters have been
arrested, many ( including women ) beaten, brutally tortured, jailed in
horrible conditions, killed, or simply 'disappeared'.
It is
therefore your solemn duty to get these 10,000 people released from jail
forthwith, given adequate compensation, and those officials responsible for
this outrage suitably punished.
(2) It is
your duty to enforce the Constitution of Pakistan, since you have taken an oath
to uphold it.
Article
224(2) thereof states that free and fair elections must be held within 90 days
of dissolution of Parliament, and even President Arif Alvi has proposed this.
It is
therefore your duty to enforce Article 224(2).
If you fail
to meet these twin tests your name will be consigned to the dustbin of judicial
history, and your 13 month long tenure as CJP will be marked as a big failure,
like that of your predecessor Justice Bandial, who proved to be a spineless
coward, who betrayed his oath, and was only concerned about his salary, perks
and pension.
Justice
Markandey Katju
Former
Judge, Indian Supreme Court
Noida, UP,
India
17.9.2023