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Media in Pakistan:"When complaints are freely heard, deeply considered, and speedily reformed, then is the utmost bound of civil liberty attained, that wise men look for."-- Milton No power on this earth can block the truth as it is God who, being the truth Himself, guards it. Nowhere in history could the truth ever be suppressed, it always revealed itself in some other form and with dangerous consequences. British philosopher John Stuart Mill underlined the need for free speech mainly for three reasons. He believed that freedom to read or write is an important element to expose and reveal the truth, to ensure self-development and self-fulfillment of citizens and to help ensure participation of the citizens in a democracy. The Pakistani media is an enthusiastic member of the new warrior clan of the 21st century and despite belonging to war-torn country, is playing active role in keeping with the demands of the modern times. By airing divergent views and engaging in cross questioning on significant national and social issues the media reflects and informs public opinion and practically shares the task of the parliament. Investigative reporting and live discussions can undermine the spell of many a magicians. This has facilitated public access to the hitherto unseen workings of the political and bureaucratic set-up while simultaneously highlighting the injustices suffered by the common man as a result of the shady practices of the elite. After a significant role of media in restoring the judicial crisis, media has an unprecedented ability to act as a catalyst in civil society efforts to strengthen democratic polity. The fundamental ingredient making democracy possible is the flow of information. The media (plural of medium )electronic, print, cyber and internet ensures this flow of information. If restricted, censored or hindered in any way the people will remain ignorant, ignorant of events, ignorant of their rights, their duty to the State, their needs and the role that they can play for the betterment of the society they live in and the country as a whole. Macaulay called the Press as Fourth Estate of the government, but the advent of technology the media has gained new dimension, great strength and very sharp transforming the present age into information explosion. The media plays an extremely important role in transmitting the claims of social, economic and political movements to the decision-makers and the public. A free press and electronic media is an essential attribute today of a democratic polity because only these sources of information can keep not only information flowing freely but also help maintain a constant dialogue between the policy makers and the masses. How did TV Channels Emerged in Pakistan: Surprisingly, the free electronic media in Pakistan was initiated by a dictator General Musharraf, though he had his own interests to present himself as a democrat President before the West. Growth of Satellite system facilitated it technical side. President Musharraf to project Enlightened Moderation and democratic image. Multinationals advertisements provided huge income to make the business viable. The peoples interest in watching their issues instead of traditional dramas and movies. The world after 9/11 and talk shows got the attention of the Pakistanis and the Muslim world. Talented anchor persons became the voice of the people. Less reader ship and more viewer ship due to busy life spread the culture of watching. Availability of TV sets due to China imports and cheap manufacturing in Pakistan. New local government system in 2001 and 2002 the urgency to provide electronic media at the grass-roots level.Allowing media freedom was not a choice for Pakistans establishments. It was their compulsion. During the Kargil conflict the Pakistani establishment had learnt the bitter lesson that PTV commanded only a limited audience. People watched Zee News and other Indian channels to get the other side of the story. In this backdrop it was decided the Pakistan needed its own independent electronic media channels. Western Media and need for local Media:

The Western Media Cover Iraq, or Afghanistan, WMD. A.Q. Khan, London bombings, Popes remarks about Islam or Islamabad agreement with tribal elders in South Waziristan, but with its own comments and showing one as Hero and other as Villain. The world is in the grip of War of Media.Johann Galtung, a distinguished journalist, maintains that media projects violence without analyzing its causes for unresolved issues portrays one side as Evil and the other as Liberator. Kevin Doyle quotes the theory of Propaganda Model and explains that the modern Media promotes the division within the global village which is enhancing insecurity. The US controlled western media, is blaming Islam and Muslims as terrorists. If some Muslims are terrorists, it does not prove over a billion Muslims are terrorists. Former President CBS News, Richard Salient reveals, Our job is to give people not what they want, but we decide they ought to have. Miracles of Electronic Media: Modern-day electronic media, on the other hand, has employed advanced technology to wage a bloodless war in the form of investigative reporting and live debates.The combined usage of auditory and visual sensory perceptions by the electronic media can succeed in stimulating deep emotions and sensations. Televised news is the most powerful medium today, especially in Pakistan where the literacy rate is extremely low. Due to impact of TV channels, the people are more informed. The electronic media, along with the print media, often criticize the government for going against the spirit of the constitution, violating democratic traditions and being unaccountable to the public at large for inflation, unemployment, poverty, deterioration of the law and order situation and highhandedness against opposition. It can be used as a motivational force to bring consensus on vital issues like education and health. The truth is that the significance of the media as a medium of interconnectedness of human affairs cannot be undermined in an age of rapid globalization. It seems to have overtaken the press in forms of impact on the target population in as much as it reproduces events and characters on the screen directly and promptly. The advent of independent TV channels in the country substantially transformed our culture and political discourse. Television is far more effective pervasive, intensive and graphic than print media. Its impact on the public mind is substantially higher than that of the print media. Live coverage on television not only provides us with the most up-to-date information about events but also engages the viewer in a way that print media cannot do the in the same way. It is usually claimed that the job of the media is the dispassionate presentation of facts. The fact is that the job of the media person is not to serve as a post office but more importantly to educate the public through informed reporting so as to facilitate as objective an opinion formation as possible. A free media that works conscientiously can serve as the collective conscience at the national and international level. This, however, is often easier said than done. The reporter or journalist is after all human and endowed with biases and in some cases prejudices and as with all power bases the media too is vulnerable to the corruption of the absolute power. There will always be those in their ranks who can be bought with cash or perks or promises of paradise. But then there will always be those who are not purchasable because they know that their reporting can make or break individuals, communities and nations -- a heavy burden indeed. Positive Effects: Political Analysis: The skilled and bold personality of anchor person raises peoples voice and clearly asks the real point of the crisis. They analyze government actions, either in favor or against the masses and develop the opinions of the experts. Media is serving as true democratic notion of peoples participation. The general peoples criticism, analysis, and comments are added. which also act as a catharsis. The rulings feel shame while speaking bluff in live shows before the millions of the citizens. Media successfully informs the whole world against any injustice and shows world criticism which compel the government to change its autocratic orders. Economic Debate

Shows governments projects internationally to get foreign investment by projecting the benefits of the enterprise. Advertising to maintain competition among various companies which facilitates the public. Like mobile phones and their lowering prices. It represents new business trends going in the world and offering the new opportunities for the investors. Performance of stock exchange keeps updates the investors. Spreads technical education to learn the working of the machinery. Social Awareness: Bring the world at doorstep with its various trends, colors and life styles. Changes moods and behavior of people from conservative to liberal. Bold topics through dramas and talk shows to purify the society from superstitions, evils and fake stories.New household styles to upgrade the living standards.Guides the youth for new opportunities and to compete with the world in all fields of life.Creates civic sense. Religion Clarifications: Authentic information by the competent scholars instead of narrow minded and ignorant clerics who have changed the world into hell.Solutions of answers of publics questions which remain unheared and unexplained.Highlights religious events like Mohram, Eid, Mairaj and the holy ramazan.Sectarian harmony is minimized by putting forward the views of competent and enlightened Ulamas. Negative Effects: Political gimmick: Blackmailing by the media persons to get personal gains as now practically, media is not answerable before any institution. Sensationalism of news to get cheap popularity. To show one as Evil and other as Liberator by continuously repeating the comments or visuals. Social Evils: Vulgarity due to inflow of foreign culture. The English and Indian channels are affecting the moral of the youth. Time wastage due to constant watching the dramas. More materialism by diminishing simplicity. Generation gap is increasing on account of fast approach towards life. Religious impressions: Weakening religious impressions due to foreign culture and time wastage. Challenges to Media: The violence stricken areas like FATA, Baluchistan, the journalists are terribly vulnerable. In 2008, almost 12 journalists were killed and 6 in 2009. It has curbed the free flow of information. Pakistan is facing conflict of ideologies between conservative and secular approaches. Therefore media is cautious in debating on such sensitive issues The government indirectly restricts media by withholding advertisements. Media monopoly by big groups is also obstructing the expansion of smaller channels PAMERA have frequently threatened to cancel the license. Also other government agencies pressurize. The political issues are so debated that other social, religious and psychological aspects are not properly addressed. Though the media as an institution enjoys enormous power and influence, media organizations are not charity houses: they operate as businesses and have commercial interests. There is a natural tendency to indulge in corruption and malpractice when an institution enjoys absolute power, particularly in the absence of a strong system of accountability. The Government verses Media Our country is rapidly drifting towards destruction due to the ever-increasing corruption and poor governance.Since independence, corruption and mismanagement have become common norms. Now media has to work hard to sweep the dirt. As a result, the government considers it as humiliation and defeat. The anchors like Kamran khan, Dr Shahid Masood, Hamid Mir, luqman Mubasher, Talat Hussain etc. have successfully criticized missing people, steel mills case, Kerry Lugar bill, NRO, rental projectors, victimization by members of the assemblies and the inside stories of DEALS with each other.

This government has no ability or a morally upright resource to take cognisance of it; our attorney-general has resigned due to corruption charges, the minister for parliamentary affairs has been named in a corruption case involving tens of million rupees and it is needless to mention the conduct of our ex-chief justice Abdul Hameed Dogar. The banning of Meray Mutabiq is unacceptable to 170 million Pakistanis who believe in the freedom of speech. This is an attack on free speech and the media by the current regime which must be resisted. Dr Shahid Masood has been bringing the facts before the nation. He is a professional journalist and must be allowed to continue his show. PEMRA and Freedom of Media The Authority is responsible for facilitating and regulating the establishment and operation of all broadcast media and distribution services in Pakistan. The mandate of PEMRA is ensure accountability, transparency and good governance by optimization the free flow of information. But the ex-President Mushraf issued orders To seize broadcast equipment or seal the premises. When journalist refused to be overawed by indirect threats, a draconian law in the form of the Pemra (Amendment) Ordinance, 2007, was promulgated. This law is on its face contrary to Article 19 to the Constitution of Pakistan, 1973, which guarantees freedom of speech, expression and the press. To raise the fine of violations tenfold and if required to suspend the lincense. Sensationalism in the Media: What is sensationalism? Dog bites Man. This is old news. We already know the outcome. Man bites Dog. This is sensationalism: it immediately stirs the listeners mind and is the cause for great hype.The dramatic background music, images of clashes between security officials and civilians, and riots all form a part of sensationalism, enticing the viewer to turn on the television set. Whatever the truth, does not matter, television is selling, making money and that is the true motive.On the other hand the growing trend in broadcast media for attracting anchors on heavy remunerations, anchors who possess skills of creating sensationalism and who spice news with hypothesis, is an example of how media channels are departing from objectivity and balanced reporting.Furthermore, the frequent switching of anchors from one channel to another mainly for economic gains in utter disregard of the basic ethos of the journalistic profession also supports the argument that broadcast media in Pakistan is headed for over-commercialization. These channels sometimes most of the time have been guilty of over-doing things with their moment-by-moment commentary. Give them some time (a decade at least!), theyll mature over time.Also they would just cut anybody, a politician would be there talking and they will cut him in the middle saying buhat buhat shukriya app ka.During the Lal masjid episode she even once said to DG ISPR app qaum ko koi pegham dena chahin ge. he said, BB main yahan apni duty de raha hoon, qaum ko pegham dene nahin aya.The claim of Sub se pehley has started a mad race. The media has realized its power and ability to penetrate an innocent mind and they are exercising it so savagely.The private channels are owned by big investors with a purpose to enhance business. They have to afford massive expenses, so, competition to excel others makes them irresponsible. In order to attract more view ship and resultantly more commercials-they even sometimes forget the damage caused to national interest.A bold and blunt anchor person undermines the set standards. The petty events are heightened. Tiny is made mighty and vice versa-on the grounds of personal grudges or at the behest of the owners.Moreover still, the mood of the public is not as mature as in the strong democracies due to lack of education and weak sociopolitical and cultural norms. Causes of Controlled Media: The imperial heritage has been hallmark about politics. In Pakistan, not only the dictators but also the civilians rulers took unconstitutional steps, covered their own corruption along with their associates. Internal corruption of judiciary all were only possible with a curbed media. Narrow minded religious parties once the blue eyed boys of the military restricted media freedom.Media has been the fear of every general after taking over the government. The illiterate masses have been exerting zero pressure on the policy makers.

The reason for different views are the investors. If a party or institution invests in the media, they want to see their own views reflected. The views reflected are not necessarily of the public, nor of the employees, rather, the views of those who pay wages to these employees, in turn shaping not only their view, but also the public. Corporate barons who own a large chunk of the Pakistani Media obeyed the official orders to get monetary benefits.Pakistan has failed to spawn a free and fair political culture attuned to the expectations of its people. Journalists have been intimated and humiliated by the denizens of power and their agents. The vigilantes of the political parties, too-especially the religionoriented ones-also contribute generously to making the lives of journalists miserable. Everyone wants the journalists to obey their orders. Suggestions: The media as an institution and fourth estate is accountable to the public and responsible for its actions. Media practitioners should stop thinking they are above the law. Let the media introduce an internal scheme of checks and balances. Undoubtedly, this is an uphill task. Accountability of the media is not possible under the disputed regulatory regime. Media organizations and civil society should jointly constitute a commission for this task. The recent coming together of several leading TV channels to frame rules for terrorism coverage is a step in the right direction. This move may help purge the elements abusing the power of the media in violation of the public mandate.The aim of media activism should be to strengthen the weak and vulnerable segments of society. It is they who need our support, activism is not merely reporting but it involves deep passion and research.While covering a big story, especially in the war zones, the human sides of a conflict are often ignored by the general media. Here media activism can play its true role in reminding the world of the miseries and sufferings of the ignored segments of society.In the same context the NRO has made even the highest office of the country questionable. In such an environment it is the honest and straight-forwarded media which can make some difference by acting as a pressure group and the recent action of the government amounts to treason.First and foremost, media must help in stabilizing the national institutions and national socio-economic, political and administrative structure by pointing out the flow and appreciating any rod work done by the Government or State institutions and organizations in private sector. Serving the country honestly and sincerely must be projected. The need to strengthen our socio-cultural and ideological foundations was never so great as it is today. There is cultural invasion from the West and Indian TV channels and Cable TV networks. Our values are being attacked and are in danger. Media must build our confidence and faith in our values.We as viewer should mend ourselves, so that we may not be carried away with the media hype. We should know when t o stop viewing the repeated hysterics. Media going through a turbulent transition, with a new found liberties. It is hoped they will settle to a saner posture in due course.It must create a pride in our glorious past, our culture and our way of living. Pakistan is the seventh atomic power in the world and the only Muslim country, which has achieved this status. This is a matter of great pride and prestige. We have mat beautiful normative and social value structure, which needs to be preserved, promoted and strengthened. Media must help sustain confidence in our national institutions such as parliament, armed forces and our social structure. Erosion of such confidence in our institutional set-up can be dangerous. All problems and issues such as relating to functioning of our institutional framework have to be explained effectively to the people so that they develop a positive opinion and attitude. At present, we are living in a world, which is moving too fast. And in the ensuing din and noise masses must be helped by the mass media to see things clearly so that they are not misled. The prime objective of media must be national stability in all its dimensions. A social and political climate needs to be created in which people could engage-themselves in positive and healthy activities and could contribute to the overall national development. The feelings of despondency, frustration and deviant tendencies need to be neutralized. Only an effective media, can do this.

This also places far greater responsibility on the shoulders of those running its affairs. The nature of their functions is such that all those involved in the process including reporters, analysts, anchors, editorial staff and the management are required to make difficult choice every day. It is essential for their credibility that they remain visibly impartial, evenhanded and demand from the passions of the moment.A system of journalistic accountability, both internal and external, is in place on the news side, which leads to more responsible reporting and editing.The sudden boom in the media has led to severe shortages of trained manpower, so that people can be appointed to positions that require more journalistic experience than they really have.The print and broadcast media must make every effort to ensure that their coverage is factual, balanced and informed. Live pictures must be responsibly broadcast. Conclusion: To summarize, media can help stabilize and strengthen the country by playing educational and informative role and by imparting knowledge to the masses as knowledge is power and only a well-informed society can develop a positive approach towards fife.The objective of media freedom can be realized only when public trust and confidence reposed in the media is respected and protected by the media itself by acting as a true watchdog, keeping an eye on the government on behalf of the public.Freedom of conscience, of education, of speech, of assembly, is among the very fundamentals of democracy and all of them would be nullified if freedom of the press be successfully challenged, maintained US president Roosevelt. This is an era of satellite televisions, internet connectivity, and mobile telephony. US constitution categorically forbids: Congress shall make no law abridging the freedom of speech or of press.

Independence of Judiciary
Outline: o Introduction and short comparative review of world judicial setups o An analysis of independence of Judiciary in Pakistan o Its impact on state and society. o Current bright scenario of judicial independence and constitutionalism. o Factors enslaving judiciary o Factors paramount essential for independence of judiciary o Conclusion Man is social animal who wants and needs societal life which is interdependent. This view is expounded by both Socrates and Imam Al-Ghazali in their respective theories regarding nature of man. He interacts with his society members that give rise to mutual disputes, different crimes and general violation of rights besides good deeds. In order to purge the society of these criminal acts and maintain its just, healthy and balanced fabric an institution of independent judiciary ought to be there. By having an independent judiciary it will serve as a custodian of human rights, provide means for rule of law not man, enable man to feel protected and served. Countries of the world, therefore, Endeavour to have in practice an independent institution of judiciary. After analyzing different judicial systems of the globe it can be revealed that there are both cases of success and failure. United States of America and United Kingdom, for instance, are the well known countries that have in comparison, far succeeded to maintain independence of judiciary. People can get justice whenever their rights are violated. On the contrary, the Muslim world has failed to come to the expectation and needs of the people in imparting justice to the citizens. In fact mostly the judicial structure is influenced. Like other countries Pakistan too did little to have an independent judiciary in order to give independent and impartial justice to the people. An institution of judiciary plays a great role in a government. It protects the civic rights of citizens of a state; it protects and interprets the constitution; it investigates corruption cases; it ventilates the grievances of; last but not the least it provides dispassionate justice to all and

sundry. All these functions the pillar of judiciary plays if it is independent. Given this, are these functions emanated from judiciary in Pakistan are an important question. Since coming into being restrained judiciary used to prevail over the country and an independent one. As a result, it remained an incomplete task that brought ill consequences for the state and society. The nation has witnessed this regrettable situation right from top to bottom during the course of history. Numerous instances can be cited to substantiate this fact. Supreme Court of Pakistan could not declare null and void the first illegal dissolution of the National Assembly by the then Governor General. Onwards Judiciary lacked independence, and perhaps the will, to bring to justice the makers of coup de Tates and perpetrators of constitution. Takeovers were declared legal under the garb of doctrine of Necessity. It in certain cases gave legal cover to the prime acts of take over. As when General (R) Pervaiz Musharraf by dint of his unlimited powers took over on October 1999, later on SC bench not only announced its verdict in his favour but also mandated him to alter the constitution at his will. It was the irony of time that a person became both chief executive and chief legislature. In fact, Pakistans 62 years short constitutional history is full of more or less like these acts of judicial containment and uncontitutionalism. When at the top level judiciary is non-independent to such an extent how can it is independent at subordinate level. At the bottom people have generally suffered injustice. Seeking justice from court of law has become an expensive affair. When the people to whom injustice is done are in quest of seeking justice face hard ship in the process. Given the general trends in the entire process of trail, courts of justice at different level appear to have badly influenced. Politicians, officers, businessmen, influential people such as land lords, khans, waderas, nawabs and sardars prove a stumbling block in way to impartial and due justice. In the process naturally the aggrieved party suffers injustice. In light of such bleak scenario at both upper and lower levels ultimate decisions are affected, indicating lack of independence of judiciary in Pakistan. These sorry affairs have left a deplorable impact both at state and society levels. At state level rule of law, constitutionalism and democracy have been largely received setbacks. Dictatorship raised its ugly head, disparity and a general sense of lack of legal protection. Pessimism has prevailed culminating in suppression of independent voices, opinions and thoughts that are the vertebral column of basic rights, rule of law and democracy. Freedom of press and media is influenced and countrys picture is drawn in bad color abroad. Moreover, society is also influenced: common man is suffered which has generated in him disparity, hopelessness n the society and crime ratio increased. Because, when people are menaced by the judicial system in a country they fuel enmity and take the laws of the land in their own hands. This results in general aggravation of the social order which is then ripe to unhealthy environment. Because, law and order situation of the country gets disturbed and socio-economic progress starts declining. Now after having such an impact asking a logical question is: what are those factors which stop judiciary from playing such independent role? They are, firstly, absence of democracy in a country. Pakistan is unfortunately ruled by the army most of the time. Four military generals came and put judiciary to task. Its independent character was damaged. Secondly, lack of a sacred constitution which was adopted and altered by the generals to secure their interests. Thirdly, lack of merit-based, independent and upright judges. Fourthly, lack of separation of powers as well as checks and balances. Fifthly, Western influence for serving their vested interests in Pakistan. The concept of rights awareness and prevalence of local traditions and customs. Though during past judiciary played a subservient role and succeeded little to render independent justice to the people which in return badly influenced the things due to certain factors it is very delightful to see that presently judiciary has gained considerable independence. For the present independent character of judiciary October 2, 2007 proved a defining day. Before this when the presidency put charges against the Chief Justice the case was sent to Supreme Judicial Council for decision under Article 209. The decision favored the CJ. As the time rolled by, General (R) Musharraf sacked 61 judges by promulgating emergency who replaced them by PCO judges. However, over the times legal fraternity sacrificed a lot by taking

pains of in launching successful rallies and protests amid resistance. It gathered more force when political parties and civil society also joined the cause for securing independent character for judiciary. The moment brought fruit when from the floor of assembly Prime Minister announced the restoration of the judges. Though later on some judges showed reluctance to be reinstated through the criteria set out by the incumbent government but all the judges ultimately got restored. Now people have placed high hope on the judiciary to deliver justice to the who have suffered injustice for long. The cases pending for long needs to be decided in an impartial manner with speed to enable people receve justice. Because delaying justice is injustice also as people pass through the travails of hardship in the process of investigation, trail and decision. The newly announced judicial policy seems a positive step in the right direction. It needs to shoulder its responsibilities besides an environment to have its verdicts announced in an impartial manner. For creating the environment the following essentials needs to exist in the governing. Ain this regard it is mentionablr that the judiciary itself should take steps to preserve such environment sustain ably. The first and far most essential ought to be democracy in the country. In democracy people voice does not go unheard. In a democracy the institution of judiciary is respected not underestimated. People can knock the door of justice with out any hindrance. In Western democracies such a setup exists. In this regard the precedents of Western judicial setup need to follow. For example in United Kingdom seeing justice is easy where courts of law discriminate no one on the basis of power, rank and status. It is said that in UK a clerk and Prime Minister are delivered justice on the same lines of procedure and consideration. Similarly, In the US judiciary is a very powerful institution. It can declare null and void any ordinance and congressional bill if wise judges find them to be in contrivance against law of the land through its power of judicial review. A citizen can access the court and seek justice. In America the Bill of Rights is held un-violated. People enjoy protection and liberty of life, property and honor. Similarly, there may be offered other such examples which substantiate that judiciary plays a very independent, unbiased and impartial role in the countries where democracy rules. Pakistan needs to follow suit of such independent judiciaries of the world. Besides democracy another essential should be a secured constitution. As a constitution is a written document dealing with the powers and jurisdiction of branches of the government. In it is registered how legislature, executive and judiciary will work in there specific areas. In such a way no confrontation environment is there as every institution tries to act according to laid down principles in the constitution. So there should be a sacred constitution. In countries where the citizens enjoy the fruit of independent judiciary is due to the fact that there law rules not man. In addition to democracy, safeguarded constitution, there should also be separation of powers. The framers of the US constitution were prudent enough to introduce the principle of separation of powers, a well known theory expounded by French philosopher, Montesquieu. This principle along with checks and balances work satisfactorily in America. If such a system is workable in Pakistan it should be introduced- certain modifications may be incorporated in the principle before it is employed as political environment of the two countries differ. This separation of powers and checks and balance constitutional system should aim at avoiding confrontation among executive, legislature and judiciary, define constitutional area of jurisdiction in a balanced manner and make the institutions effective and responsible. This will serve the national cause of judicial independence. In short every possible result-bound step be taken to enable an environment wherein the shackles enslaving judiciary are broken and transform it into a people serving independent institution. This world ought to free from injustices meted out to people by providing judicial means to give justice by all the countries. This will put down injustice, prosper nations and build their trust. Because many peoples suffer injustices particularly in poor and developing world. The majority of people in Pakistan like other countries has remained the sufferers of the dieses of injustice due to the lack of independent institution of judiciary. During the course of history judiciary

received serious blows which made it unresponsive to protect constitution, bring the culprits to justice, take suo moto actions to immediately address anomalies, interpret the constitution , reign in the access of powers by other institutions, mitigate the people grievances and protect the basic rights of people. In the availability of these judicial responsibilities and functions lies a considerable success of Pakistan in different aspects. This is possible only when independence of judiciary is ensured constantly. For this heart applying efforts and unpopular decisions need to be taken. However, given the present picture of vital developments for judicial independence, it can with reason be hoped that judiciary is fast growing towards its meaningful independence but all possible means be harnessed to ensure judiciary stays its present course.

Islam versus west

OUTLINE 1 INTRODUCTION 2 HISTORICAL VIEW 3 PRESENT SCENARIO 4 CAUSES OF CONFLICT WESTERN STANCE 1. SUPERIOR CIVILIZATION 2. RAPID RISE OF ISLAM 3. LACK OF DEMOCRACY IN MUSLIM WORLD 4. IDEOLOGICAL DIFFERENCE 5. EMERGENCE OF TERRORISM MUSLIM STANCE 1. RESPECT OF MUSLIM COMMUNITY 2. ECONOMIC EXPLOITATION 3. WAR AND VIOLATIONS AGAINST MUSLIM COUNTRIES 4. MALTREATMENT OF MUSLIMS IN WEST 5. WESTERN MEDIA IMPACT OF ISLAM ON WEST COEXISTENCE IN THE PAST IMPACTS OF CONFLICT 1. TERRORISM/EXTREMISM 2. ECOMIC AND SOCIAL IMPACTS RECCOMENDATIONS 1-ROLE OF INTERNATIONAL ORGANIZATIONS 2-ROLE OF GLOBAL POWERS 3-ROLE OF INDIVIDUALS 4-ROLE OF ISLAMIC COMMUNITY i.ADHERENCE TO ISLAMIC TEACHINGS ii.UNITY iii.MUTUAL COOPERATION iv.ADVANCEMENT IN EDUCATION AND ECONOMY v. GREATER AWARENESS vi. ROLE OF MUSLIM MEDIA CONCLUSION The rising conflict between Islam and the West will be the decisive factor in shaping the future of mankind. Islam as a religion of peace is a concept really hard for the west to buy in the present times. Both the western world and the Muslims are wary of each other. This discord has its roots buried deep in historical clashes. At present terrorism has brought it to the fore with enormous consequences. Detachment from true and original values always embitters relations and endangers harmonious coexistence of diverse ideologies. Finding a common ground is necessary to ensure peace but elaborate steps and determination by all concerned is required to eradicate this enmity once and for all.

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Looking at the history clarifies the beginning of this conflict. The crusades are the biggest evidence of the desire for superiority by the western powers (Christians and Jews mainly). Later on, with the civilization of humanity, the physical wars transformed into systemized colonialism and more sophisticated tactics of imperialism. This left an indelible mark on the Muslim nations which have always been an advocate of human dignity and tolerance. Sadly, the new era despite of being advanced could not still put a stop to this conflict in the real sense. After 1980s and especially after 9/11, the terrorist acts further widened this gap between the west and Islam. The extremist elements again got a chance to quench their thirst of domination either in the form of terrorists or the atrocious acts of western hegemonic powers on the Muslim world. Muslims were marked as extremists and fanatics and Islam as a outdated religion. Viewing the causes of these notions, different reasons appear for both societies. For the west, the foremost reason has always been a sense of superiority. Claimants of a better and modern culture; the saviors of humanity, they have always tried to lead the world on their own terms. Historically, the rapid spread of Islam throughout the medieval times and its unparalleled empires were viewed as a threat by the western nations. Their scientific, cultural, social and political dominance was never accepted by non-Muslims. The crusades and later still colonialism was a result. The dismemberment of the Turkish Empire was a final blow to the glory of the Muslim rule. Likewise, in the contemporary world the authoritarian rule prevalent in most of the Muslim states shows Islam as an undemocratic and anti-modern for the western people. The freedom of expression and human rights are negated in such a form of government according to them. Consequently, they consider the Muslims backward and devoid of modern perspectives. In reality, this belief of the west is more ideological than political. The ideologies of capitalism and secularism are not harmonious with the Muslim worlds perceptions. It is seen as an utter lack of knowledge and absence of a will to make progress by the west. Hence for them the Islamic concept of life and politics is not applicable anymore. Lastly, the recent rise of terrorism and extremism is blamed entirely on the innocent Muslim multitudes. The Islamic concept of Jihad is viewed as a license to wage war against all nonMuslims. The terrorist are not considered extremist militants but as representatives of the whole Muslim world. Put simply, according to western thought the poverty, illiteracy and economic downfall prevalent in the Muslim world is a result of adherence to the old and stagnant concepts. The Muslims thus refrain from becoming modern and progressive and inclines them towards the evil urges of extremism. This has taken the form of a fear for the western citizens, officially named Islamophobia by them: the fear of the Islamic tide, the resurgence of Islamic revolutions and domination. Conversely, the Muslims also have many reasons for their abhorrence of western entities. The most important for them is the disrespect for their religion and values. The cartoon issue was the biggest example of the wests haughty behavior. Another cause is the exploitation of Islamic nations by the west in the name of colonialism in the past and now in the form of economic imperialism through international bodies such as IMF, and the World Bank. A systematic effort is undertaken not only to undermine the economic progress but also to deprive the Muslim world of the channels of growth. Furthermore, the recent U.S invasion of Iraq and Afghanistan and the violation of human rights and freedom of Muslims in Kashmir and Palestine etc are a constant source of enmity. These violations are deliberate efforts to achieve their personal goals. Also the Muslim immigrants and citizens in the western countries there is discriminations and treatment as third grade citizens especially after 9/11. The west, a torch bearer of freedom, did not allow Muslim women to wear veils in many cases. The percentage of those harmed in 2007 rose by 20%. Especially in France, some government institutions stopped Muslims from getting into banks, accompanying their children on school trips etc. many civil rights were completely ignored where Muslims were concerned.

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In this bleak scenario, the most consistent role has been that of the western media. Western powers used global news media and information technology to overcome the so called Islamic fundamentalism and gain their interests by propaganda against muslim community. This has worsened the situation further. Among all these fears and doubts about each other, the impacts of Islam have been evident on all aspects of the Western life. Be it social, educational, scientific, political or cultural, history is full of the glorious effects Islam brought for the bleak world. The Islamic tide spread as far as Spain and France during the middle ages. The present advancement of West is due to the knowledge and progress made by Islam in earlier times. In totality, the Muslim culture was the economic, social, political and educational relations built on the foundation of the interchange between the Muslims and the Christian nations during many centuries of co-existence. Today however, taking advantage of this eminent clash are the extremist elements in both the societies. As in terrorism which appeared as a grave reaction to the western exploitation. On another scale, the safety of immigrants in both the western countries and Islamic nations is threatened and insecurity has developed. Resultantly, it emanates in the form of tensions and possible wars among independent nations and also hinders economic, social and cultural growth of both societies. These need to be countered immediately, as there is only a gloomy scenario at the end of all this misunderstanding and preconceived doubts. In order to curb and eliminate this clash of views and people, planned out efforts by both the west and the Islamic nations is needed. Some steps have been taken but not wholeheartedly. Ending this global conflict can take effect at these levels: 1. through international organizations 2. through developed countries and global powers and renowned leaders. 3. through individual efforts. The most important role is that of international organizations such as UN, EU and OIC etc. The role of UN and OIC has been dismal where their objectives are concerned. They failed to represent the equally the entities they were made to represent and protecting their rights. Starting with the inter-faith dialogue with sincerity and an open mind can prove very useful. To take strict measures against elements which in any way aggravate to damage the sentiments of the other society concerned. Equal condemnation by both the societies will help in curbing this conflict. But these actions should not in any way challenge the independence of any sovereign nation. Whole communities are not to be punished for the crime of a few. Of such efforts being made, the most effective can be that of big powers and renowned leaders. America has that power, but it usually aggravates the situation further as in the case of Iraq, only to gain its interests. In this scenario, the concept enlightened moderation by former President Musharraf can be counted as one practical solution. It can help to eliminate the political injustice and the general deprivation and poverty of the Muslim world. But enlightened moderation is required to be taken up by the west as well. They need to reconsider their past misdeeds as well. The western powers can help to remove the political and economic injustice to the Muslims e.g., in Kashmir and Palestine. Furthermore, these powers are aware of the root cause of extremism and terrorism is injustice, denial and depravity. They cannot fight terrorism without eliminating its causes as well. Lastly, the role of every individual can be effective, because ultimately it is the normal average person who suffers here. The people from both societies need to understand and tolerate and respect the others right of freedom and progress. Humiliation and unauthorized use of power can never be vindicated. Islam is a religion for the whole humanity and likewise it teaches tolerance with all. Holy Quran declares: O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another. Lo! the noblest of you, in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware! (49:13).

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Notice that this ayah is addressed not to believers or Muslims but to mankind. Similarly, Prophet PBUH declared no difference between an Arbi and Ajmi and whites and blacks based on their ethnic or racial backgrounds. He also never talked harshly with the infidels even. Also there were many peace treaties signed with the Jewish clans for peaceful coexistence. Islam does not differentiate on the basis of ethnic origin and race, neither should We. For the Islamic community the solution of this crisis lies in self-introspection. The Muslim Ummah today lacks unity. They dont even voice their demands and grievances from the same platform. OIC is a grave example of this failure. Another way for general progress can only start with democratization. The absence of which identifies Islamic world with anti-modernity. A collective effort for providing education and economic opportunities to every citizen of the Muslim world is needed. In this regard, the developed Muslim countries can help the poor Muslim countries to revive their economy. ECO can be viewed as moving towards that direction. Similarly, there is a great need for better awareness and knowledge in both the Islamic and western worlds. For instance, people should have the basic knowledge that the cal for Jihad cannot be given by people or a group of people. It is the authority lying solely with the acclaimed head of a Muslim state and that also is strictly conditional. Better and clear knowledge about true Islam will surely eliminate the so called Islamophobia by helping to first distinguish between a terrorist and a devout Muslim. Finally, the role of Islamic media cannot be appreciated much in this cause except in the recent few years. It was unable to counter the propaganda by the western media. A combined media of the Muslim countries under OIC can spread the sentiments of the Muslim community and contradict false views about them. In a nutshell, the humanity in general and the global powers in particular should understand that the use of force for domination is not an option. Justice and peaceful coexistence are the only ways and will help in improving the present bleak situation. The modern age is an age of dialogue between world communities. Therefore, cooperation at all levels can prevent the world from viewing the destruction of humanity. Terrorism In Pakistan: Its Causes, Impacts And Remedies Outline: Introduction What Is Terrorism Islams Response To Terrorism: Causes Of Terrorism: 1. Internal Causes a) Socio-Economic Causes i) Injustice: ii) Illiteracy: iii) Poverty And Unemployment: iv) Food Insecurity: v) Dissatisfaction: b) Political Causes: i) Non-Democratic Set-Up: ii) Improper Government Set-Up iii) Absence Of Law And Failure Of Law Enforcement Agencies: c) Religious Causes: i) Role Of Madrassahs: ii) Religious Intolerance: 2. External Causes a) Afghan War: 1979 b) Iranian Revolution:

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c) War On Terrorism: 9/11 Factors Boosting Terrorism: a) Anti-Terrorism Campaign And Drone Strikes: b) Negligence Of Government: c) Persecution Of Innocent Muslims In Kashmir And Palestine: Steps Taken By Pakistan: a) Ban On Terrorist Organisation b) Operation Rah-E-Nijat c) Operation Rah-E-Rast Impacts Of Terrorism: a) Civilian Loss b) Economic Cost Of Terrorism: i) Agriculture Loss: ii) Manufacturing Cost: iii) Declining Foreign Direct Investment: iv) Diminishing Tourism: v) Internally Displaced People/internal Migration c) Social Impacts; d) Political Impacts: e) Psychological Impacts: f) Religious Impacts: Remedies: Conclusion: At present the gravest problem that Pakistan is faces is terrorism. It has become a headache for federation and a nightmare for public. Though, it is a global issue but Pakistan has to bear the brunt of it. Pakistans involvement in the War on Terror has further fuelled the fire. We are facing war like situation against the terrorists. This daunting situation is caused due to several factors. These factors include social injustice, economic disparity, political instability, religious intolerance and also external hands or international conspiracies. A handful of people who have their vicious interests to fulfil have not only taken countless innocent lives but also distorted the real image of Islam before the world through their heinous acts. Terrorist acts like suicide bombings have become a norm of the day. On account of these attacks Pakistan is suffering from ineffaceable loss ranging from civilian to economic. People have become numerical figures, blown up in numbers every now and then. Terrorists have not spared any place. Bazars, mosques, educational institutes, offices, hotels, no place is safe anymore. Though terrorism has no accepted definition, yet it can be defined as the use of violence and intimidation in the pursuit of political aim or the calculated use of violence or threat of violence against civilians in order to attain goals that are political or religious or ideological in nature, this is done through intimidation or coercion or inciting fear. According to FBIs definition, Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objective. The religion of Islam (Submission), advocates freedom, peace and mutual agreement and admonishes aggression. The following verses make it very clear. And do not aggress; GOD dislikes the aggressors. (Quran 5:87) You shall resort to pardon, advocate tolerance, and disregard the ignorant. (Quran: 7:199) The relations of Muslims (Submitters) with others are based primarily on peace, mutual respect and trust. The theme in the Quran is peace, unless there is oppression or injustice that cannot be resolved by all the peaceful means available. The true religion of Islam forbids the killing of innocent people, irrespective of the cause, religious, political or social beliefs. ...You shall not kill * GOD has made life sacred * except in the course of justice. These are His commandments to you that you may understand. (Quran 6:151)

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You shall not kill any person * for GOD has made life sacred except in the course of justice. (Quran17:33) In Islam, an amazingly powerful emphasis is laid on developing love for mankind and on the vital importance of showing mercy and sympathy towards every creature of Allah Almighty, including human beings and animals. For indeed, love and true sympathy is the very antidote of terrorism. Injustice is one of the foremost factors that breed terrorism. When the grievances of the people are not redressed they resort to violent actions. So this is the case with Pakistan where timely justice has always been a far cry. Hence, the delayed justice is working as incentive for victims and dragging them to the swamp of terrorist organisations. Illiteracy is the root causes of extremism and terrorism. More than one in five men aged 15 to 24 unable to read or write, and only one in 20 is in tertiary education. such a high illiteracy rate has made Pakistan vulnerable to terrorism. furthermore, technical and vocational education, and adult literacy, are especially important but unfortunately have been neglected the most in Baluchistan, Khyber Pukhtunkhwa and the Tribal Areas. Illiteracy and lack of skills provide fertile ground for those who wish to recruit young men and women to their cause, especially when significant monetary payments are attached. Regarding poverty, it is also an incubating cause of terrorism. And it is said that a hungry man is an angry man. Notably, majority of people in Pakistan are living below poverty line. While especially for the youngsters, unemployment has made the matter worse. In these adverse circumstances, some people go to the level of extremism and even commit suicide. These are the people whose services are hired by the terrorist groups and they become easy prey to terrorism. Food insecurity is also linked with militancy and violence. When people remain unable to afford food and cannot meet their basic needs civil strife grows. A report by the Islamabadbased Sustainable Development Policy Institute The highest levels of food insecurity, for instance, exist in the Federally Administered Tribal Areas, according to the report, where 67.7 per cent of the people are insecure. The next highest level is in Baluchistan, with food insecurity at 61.2 per cent, and then in Khyber-Pukhtunkhwa, 56.2 per cent. In Pakistan some extremist forces are exploiting the feelings of lower and lower middle class food insecure people. They are motivating their unemployed youth to commit heinous crimes such as suicide attacks against innocent people. Another reason of terrorism is dissatisfaction. When a person is dissatisfied with the rulers and thinks that his rights are being humiliated or exiled, his living of life has not been compensated, he is deprived of rightful inheritance to office, wrongly imprisoned and property confiscated then he joins some religious parties. It does not matter which organisation it would be. None of the organisations has any importance for him. Adopting an organisation would only save him from the critical situation he is in and leaves him to play in the hands of his so-called leaders who destroy his public sense of security. Todays Pakistan is facing democratic turmoil. A path chartered by the military regime of Ayub Khan, Yahya Khan then of Zia-ul-Haq was altered by yet another military regime that of Musharraf. All these regimes produced political instability, poor governance, institutional paralysis, by passing the rule of law, socio-economic downfall and so on. These fragile conditions along with deteriorating law and order situation have provided a fertile ground for terrorism to grow. Furthermore, lack of proper government set-up and lack of coordination and information sharing between various institutions of government is also a cause of behind the escalating terrorist activities. Not to talk of providing security to common people, our law enforcing agencies (LEAs) have completely failed to protect high officials of the country. In the absence of law and proper trial the terrorists are entrenching their roots firmly. Failure of the (LAEs) to bring the terrorist to book has emboldened terror mongers to strike at a target of their choice at will. Schools, hospitals, markets and places of worship have become their favourite targets.

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Religion became the dominant force during the Zia regime when the Islamization of laws and education became a state policy. And the Islamic legislation was promulgated and a number of Islamic enactments were made, including the Hudood and blasphemy laws. One may also mention the vital role of the jihadis in their fight against the Soviet military occupation with the American support, as well as the generous patronage extended by the government to the religious parties and groups. It may be added that various religious groups benefited from the support they received from abroad, in particular from Saudi Arabia and Iran. Religious Madrassah is not something new for the Islam or our country. But after Russian attack on Afghanistan it took a new dimension. They were being used as recruitment centres for jihadis. Thousands of Mujahedeen were trained and sent to Afghanistan for so-called jihad. After the fall of Russia, a sizeable number of the jihadis who returned to Pakistan got involved in terrorist activities. Religious intolerance is another factor which is adding fuel to the fire of terrorism. youth, educated through religious Madrassahs, are indoctrinated with extreme ideas. They become intolerant towards other religions and even other sects of their own religion. They impose their own extreme ideas and vent their fanaticism thorough violent actions. Intolerance makes society jungle. It is proving destructive phenomenon for social harmony, political stability, and economic growth. The soviet Afghanistan war was the most critical event responsible for spreading militancy and intolerance in Pakistan. A fundamental change that altered the very character of Pakistani society occurred after establishment of the soviet backed communist regime in Afghanistan. The aftermath of the soviet withdrawal exposed the damage, transformation of violence and Weaponisation into Pakistani society. It ultimately plagued Pakistan with a new trend commonly referred as Kalashnikov Culture and Talbanisation. This was perhaps an end to our long established pluralistic culture and values. Result was a wave of vicious cycle of Sectarian and Inter-sect and Interfaith violence/terrorism. Religious extremism that took its roots in Pakistan after the Islamic Revolution in Iran in 1979 has proved venomous for Pakistan. The increased danger of sectarian motivated acts of violence, have gained in power and influence over the recent past. External as well as internal influences have impacted the sectarian issues and have served to further intensify the magnitude and seriousness of the problem. Sectarian violence, therefore, was an extremely rare and unheard of phenomenon in Pakistan with sectarian disputes being very localized and confined rather than being frequent and widespread. This religious extremism took a new shape of terrorism after 9/11. After the incident of 9/11 suicide bombing in Pakistan has become a norm of the day. The American invasion and occupation of Afghanistan, as well as the military operation in Pakistan, along with the American drone attacks, have served to fuel religious radicalism leading to violent reaction. The breakdown of state structures in Afghanistan created a void which was quickly filled by groups and individuals who took it upon themselves to continue the lost battle. Some of them also intruded into Pakistani tribal areas, thus inviting the US displeasure. Flushing out these foreign fighters by Pakistani security forces made Pakistan a battle ground, as foreign militants and some of their local hosts, joined hands to counter the security forces. The drone strikes have increased anti-Americanism in Pakistan society and the region. The terrorists have used the collateral damage to maximize the environment and society to their benefit. Families of people killed in collateral damage become ideal nursery for suicide bombers In Pakistan society drone attacks are popularly believed to have caused even more civilian casualties than is actually the case. The persistence of these attacks on Pakistani territory is continuously creating public outrages and alienating people from government and Army. The drone is a tactical weapon and has certainly given good results tactically to support coalition forces operation on their sides of the border but strategically history has many unanswered questions.

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On account of anti-campaign and drone attacks scores of people have become homeless and even some have lost all their possessions Coupled with this, governments indifference towards these internally displaced people has further deteriorating the situation and encouraging people to join anti-state actors. Negligence on the part of government has alienated the people and has placed Pakistan in an undesirable situation domestically. Furthermore, indiscriminate and brutal persecution of innocent citizen of Kashmir and Palestine by Indian and Israeli forces respectively is further boosting the monster of terrorism. the people of Kashmir and Palestine have been denied their basic rights for decades. Hence their feelings of antagonism springing out in the form violent acts and also their supporters are conducting these types of acts here in Pakistan in order the draw the attention of the world towards the injustices being done to them. Pakistan has done its level best to rid terrorism and terrorists from its soil. In first step, many terrorist organisations were banned by the Musharraf government. After those successful military operations namely Rah-e-Nijat and Rah-e-Rast have been conducted. Pakistan army has fought bravely against terrorist and has destroyed their safe dens. It has broken the backbone of the terrorists and has forced them to flee. These operations still keep ongoing in some tribal areas. In this context, it is worth-mentioning that public support to military operations is very essential, and without peoples backing no army can win this different war against terrorism. For Pakistan the consequences of being the epicentre of the war on terror have been disastrous physically, psychologically and economically. Nobody understands terrorism better than us (Pakistanis). We have been victims of various manifestations of it since the Soviet Afghan war. Since 9/11, the wave of suicide bombing has so far killed scores of innocent Pakistani civilians and muffled the already slow pace of our economic growth. The financial cost of the ongoing global war on terror in the last two years alone has been $35 billion. This has badly affected in particular, the socio-economic development of Pakistan. Lest we forget, we even lost our prominent political leader Benazir Bhuttoto an act of terror. Since September 11, 2001, 21,672 Pakistani civilians have lost their lives or have been seriously injured in an ongoing fight against terrorism. The Pakistan Army has lost 2,795 soldiers in the war and 8,671 have been injured. There have been 3,486 bomb blasts in the country, including 283 major suicide attacks. More than 3.5 million have been displaced. The damage to the Pakistani economy is estimated at $68 billion over the last ten years. Over 200,000 Pakistani troops were deployed at the frontline and 90,000 soldiers are fighting against militants on the Afghan border. The ongoing insurgency has accelerated the already dismal economic situation and has affected almost each and every economic aspects of the country, particularly in FATA and Khyber Pukhtunkhwa. All the main resources of revenue in affected areas have been hurt, including agriculture, the tourism industry, manufacturing and small-scale industry. Due to insurgency, the loss to agriculture alone amounts to Rs.35 billion. The breakdown in law and order situation has damaged the fruit based economy of the northern areas. It has rendered billions of rupes losses to the landowners, labourers, dealers and farmers who earn their livelihood from these orchards. Also, the Economic survey of Pakistan report shows that the share of agriculture in the gross domestic product (GDP) has been constantly falling. It accounted for 25.99 per cent of GDP in 1999-2000; however, gradually its share shrank to 21.3 per cent in 2007-2008. The figures show that terrorism has not only decreased the productive capacity of agricultural activity in these regions but also in the entire country. The manufacturing sector has been hard hit by frequent incidents of terrorism and has created an uncertain environment resulting into low level of economic growth. The manufacturing sector is witnessing the lowest-ever share of 18.2 per cent in the GDP over the last five years. In addition, the small and medium-size enterprises which are key area of manufacturing in Pakistan have been affected across the country because of power shortages and recurrent terrorist attacks.

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According to a Harvard study (December 2000), higher levels of terrorism risk are associated with lower levels of net FDI. In case of Pakistan, terrorism has affected the allocation of firms investing money in the country. As a result, FDI, which had witnessed a steep rise over the previous several years, was adversely affected by the terrorist acts in the country, especially in FATA and other areas of Khyber Pukhtunkhwa. According to the World Economic Forum, Pakistan ranked 113 out of 130 countries in 2009 as a tourist destination. The low ranking is attributed to incidents of terrorism and the lack of a tourism regulatory framework in Pakistan. On account of persistent terrorist attacks many hotels in the northwest areas have been closed. According to governments own estimates, the hotel industry in Swat valley has suffered a loss of Rs. 60 billion. Many workers have lost their jobs and transport has also face a severe blow. Due to war on terror, local people of war-ridden areas are migrating to other areas of Pakistan. Country has seen the largest migration since independence in 1947. These people have left their homes, businesses, possessions and property back home. This large influx of people and their rehabilitation is an economic burden for Pakistan. Unemployment is still prevalent and now the question of providing employment to these migrants has also become a serious concern. This portion of population is contributing nothing worthwhile to the national income yet they have to be benefitted from it. This unproductive lot of people is a growing economic problem of Pakistan Social impacts have also been caused by this war. In a society where terror exists cannot be healthy. Social disorganization has occurred due to terrorism. Social relations, economic transactions, free moments, getting education, offering prayers etc. have suffered. Pakistans participation in the anti-terrorism campaign has led to massive unemployment, homelessness, poverty and other social problems and ills. In addition, frequent incidents of terrorism and displacement of the local \population have severely affected the social fabric. On the political front Pakistan is badly impacted in fighting the war against terrorism. It has taken many valuable steps to defeat terrorists. In spite of all the sacrifices the country is making it is branded to be a country insincere or half-hearted in fighting the menace. Every time the country is told to do more. It is further alleged for infiltration of the militants inside USNATO dominated Afghanistan. The failure of the Western troops in the neighbourhood is blamed on Pakistan. This situation has eroded the trust between the governments and caused international image problem for the country. Similarly the terror has brought in its wake psychological problems. Fear in the hearts of the people is created. Trauma, depressions and confusion have been increased. The people feel insecure and unsafe whenever in their daily life activities, as time and again they watch the terror events taking place in different cities. Those have especially been suffered who have closely witnessed the suicidal bombings. The religion is also impacted by the war against terrorism. The religion of Islam is perceived to be the one tolerating extremism and terrorism abroad. In the western world people equate violence, abuse against women and minority rights, and several acts of terrorism like suicidal bombing and coercion with Islam and Muslims. Whenever any such inhuman act takes place they tie it with Islam and its followers. When in the UK terror acts were committed the authority blamed it on Pakistani citizens for instance. And why these days Pakistanis are discriminately interrogated and have to be screened before they inter the US is due to the fact that they are Pakistanis and Muslims. Thorough analysis of the causes of terrorism and its ineffaceable impacts indicate that in Pakistan this phenomenon has not come to fore overnight. It has taken decades to flourish and involves many factors. Since terrorism is a multifaceted, the solution has to be multi-pronged. In view of the root causes described in above paragraphs, the possible remediescould include: To begin with, a national commission needs to be set up, which identifies the fault lines and

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the root causes of the rise of extremism in Pakistan taking into consideration the post-NineEleven developments. It should also take up the question of reforming the madrassas. The heads of all the major religious groups should be contacted and engaged to explore short-term and long-term solutions. Our universities and research institutes should take up the intellectual task of re-interpreting the Islamic injunctions in the light of modern knowledge and 21st century challenges (with emphasis on social justice). The government must improve its performance. Bad governance and corruption have lowered its credibility and clout, Parliament must debate Pakistans present relationship with the US, with particular reference to the American war in Afghanistan and operations in Pakistan. Our government should make efforts to develop sector. Without any doubt, these efforts will play a crucial role not only in providing employment to the millions of people but will also eliminate poverty in the country. Pakistans government should particularly emphasise the need of technical education by promoting it. In this respect, more institutes should be opened in order to promote technical education. It is mentionable that there are two types of terrorists, extremists and moderates. In order to cope with terrorism, our government should neutralise the moderate terrorists through reconciliation by offering them general pardon and asking them to renounce terrorism. Even extremist insurgents can be offered mediation. Nevertheless, those militants who reject the offer could be fought through military operations. Nonetheless, for their on global and regional interests, US-led western allies must not only increase the military and economic aid of Pakistan but also provide direct market access to Pak products on zero rate duty to help stabilise the countrys bleak economy in the wake of the war against terror. As Pakistan has been successfully coping with the menace of terrorism, US-led some western countries including India should also give up their propaganda campaign against Islamabad and blame game against its intelligence agency ISI. US should help in resolving the Kashmir dispute to deal with the problem of militancy in the region. In order to fight terrorism, Pakistans media should play a key role. It must point out the criminal activities of the militants like hostage-taking, killing of the innocent people? torching the government buildings including girl schools and car-snatching. It should also indicate that Islam is a religion of peace and does not allow suicide attacks. As Pakistan is already facing various crises of grave nature in wake of terrorism, so our politicians must stop manipulating the same for their own self-interests. By setting aside their differences and by showing power of tolerance, both our rulers and opposition parties need to act upon a policy of national reconciliation to cope with the problem of terrorism and to stand before external pressure. Finally, our politicians, general masses and security forces must show a strong sense of unity to fight terrorism, To conclude, Pakistan is a peace loving nation and playing its important role in combating terror. Recognition of efforts to fight menace of terrorism and sacrifices rendered thereof are testimony to the commitment and resolve to bring peace in the region. Unfortunately sometimes its commitment is doubted by some of its allies. Mistrust can lead to diversion of efforts, which will not be beneficial to common objective of peace in the region. Pakistan is a responsible nation; fully capable of defending its territorial integrity. Pakistan has singularly committed large forces to combat menace of terrorism more than any other country. No foreign troops are either present or deployed on Pakistan soil. All citizens of Pakistan must propagate moderate vibrant culture of Pakistan to promote good will of world community and shun misconstrued beliefs. Attacks on security forces personnel

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are executed at the sponsorship of hostile intelligence agencies. Such anti state elements must be singled out and brought to lime light to defeat evil agendas of our enemies. Pakistan has sacrificed the most in the ongoing war on terror; criticizing Pakistans efforts at national/international forum will be counter-productive to the overall objectives of war on terror. JUDICIAL ACTIVISM IN PAKISTAN OUTLINES: 1. Introduction 2. What is Judicial Activism? 3. Origin of Judicial Activism Marbury Vs Medison case Macquillun VS Maryland Case 4. Judicial Activism in Pakistan A. Historical Background eg. Moulvi Tameez ud din case, Dosso case, Nusrart Bhutto Case B. Current scenario 5. Is it a Judicial Activism or Judicial Adventurism in Pakistan? 6. Causes of Judicial Activism a. Mal performance of executive eg. Sugar crisis, Punjab Bank scam, missing person issue b. Mal performance of legislature eg. NRO, 17th amendment, ambiguity in laws c. Corruption/ No accountability d.Violation of Fundamental Rights of people e. Role of strong civil society 7. Repercussions/impacts of Judicial Activism a. Protection of Fundamental Rights of people b. Check on extra-constitutional acts of administration c. Political adventurism d. Public awareness against injustices 8. Legal status of Judicial Activism a. Suo moto notices U/A.184(3) b. Judicial Review Power c. Supreme Court is guardian of Fundamental Rights of people d. Precedents..eg USA and India 9. Judicial Activism Vs Parliamentary Sovereignty 10. Conclusion The SC cannot be the forum to make the final arbitration. It can interpret the constitution but cannot take away the rights of the people Since its creation, Pakistan witnessed multiple military coup dtats that obstructed the growth of democracy. None of the elected parliaments could complete their term. Either the head of the state or the military dissolved parliament. The then governor-general dissolved the first Constituent Assembly in 1954 when the drafting of the constitution reached a final stage. Tamizuddin Khan, the president of the Constituent Assembly, challenged the governorgenerals action in the Sindh High Court. The Sindh High Court accepted the writ and after a proper hearing declared the action of the governor-general illegal, who appealed against the judgment to the Supreme Court (SC) of Pakistan. The country fell into a deep constitutional crisis. Ignoring protocol, the governor-general reportedly went and met Chief Justice Munir at his residence. The SC in its judgment validated the action of the governor-general under the infamous doctrine of necessity. The same person had earlier dismissed the prime minister on the ground that he had lost the confidence of the people. It was true that the dismissed prime minister became unpopular in the eastern wing of the country but it was the job of parliament to

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have a no-confidence vote to remove him from office. The governor-general was supposed to act on the advice of parliament. His successor Iskander Mirza followed the same path. He dismissed Prime Minister Hussain Shaheed Suhrawardy on the pretext that he no longer enjoyed the confidence of the people but did not allow him to test the confidence of parliament. Two years later, the same Iskander Mirza dissolved parliament, abrogated the recently promulgated constitution and handed over power to General Ayub Khan. This marked the beginning of the dismemberment of united Pakistan. General Ziaul Haq took charge of the country in the backdrop of a mass movement launched by the opposition parties, protesting the rigging of the parliamentary election in 1977. The government of Zulfiqar Ali Bhutto tried to contain the movement by force but that did not help. The movement turned violent and caused large scale destruction of life and property. General Zia seized the opportunity and overthrew the government. Bhutto was detained on the charge of the attempted assassination data copied from vu solutions dot com of Ahmed Raza Kasuri. The Lahore High Court found Bhutto guilty and sentenced him to death. The verdict of was challenged in the SC. The full bench of the SC gave a due hearing and by a narrow margin upheld the verdict. This judgment of the highest court gave rise to controversy, casting a shadow on the independence of the judiciary in Pakistan. Benazir Bhuttos government was dismissed by the president in 1996 on the ground that it was corrupt and failed to uphold the rule of law. The dismissal of the government was challenged in the SC, which upheld the decision. The crux of the matter is that people elect members of parliament and the party winning the majority seats becomes eligible to form the government. As long as the party in power commands the confidence of parliament, it has the right to govern the country. In the event the president reserves the authority to dismiss the government on the ground of poor performance or being involved in corruption, it denies the very principle of governance of the people. Should the government fail to perform up to the expectations of the people or drifts away from its commitment, it is the people who should decide the fate of the ruling party in the next election. They will either re-elect the party or give a chance to another party to form the government. In the same vein, the SC cannot be the forum to make the final arbitration. It can interpret the constitution but cannot take away the rights of the people. The elected government represents the majority members of parliament and thereby represents millions of people in the country. The SC, regardless of the depth of knowledge on the law of the land and the constitution, cannot overrule the choice of millions of people. If it does, it will dismiss the very essence of democracy the government is of the people, by the people and for the people. The judiciary in Pakistan came under turmoil during the regime of General Pervez Musharraf. In the year 2000, a good number of judges of the high courts and the Supreme Court had to leave because of their refusal to take oath under an ordinance issued by the office of the president. The situation improved after the last parliamentary election. The Chief Justice and judges sacked by the military regime were reinstated. This was a healthy move and people expected that the judiciary would again be the forum of last resort to seek justice. The SC of Pakistan on June 19, 2012 disqualified Prime Minister Yousaf Raza Gilani, declared his membership of parliament void and declared him ineligible to participate in elections for the next five years. Earlier the SC had found Mr Gilani guilty of contempt of court. The court observed that since no appeal was filed against the judgment, the conviction had attained finality. It noted that the Speaker should not have gone beyond her authority to find faults in the judgment of the apex court. The issue that has shaken the country and cost Mr Gilani the job of the prime minister centres round the money allegedly transferred to Swiss banks by President Asif Ali Zardari. After the

21

dismissal of Ms Benazirs government, Mr Zardari was arrested and kept in jail for nearly eight years. The administration could not prove any of the charges of foul play allegedly committed by him and failed to get him convicted in court. Judged in this backdrop, the attempt of the highest judiciary to dismiss the prime minister and thereby his government on the issue involving the president seems untimely. It has added to political instability when the country is facing the wrath of the superpower. People cannot ignore the reality that a government deeply troubled by economic and security problems cannot effectively confront an international challenge. On the other hand, the action of the SC has come as a reminder to the politicians that they do not have the licence to play with the resources of the country. Apart from being accountable to the people, they should conduct themselves to the highest standards. People in Pakistan have now the reason to contend that at last the judiciary is in the pursuit of recovery of their assets siphoned abroad by the powerful elite. The judiciary gave birth to the infamous doctrine of necessity in the past and this did not help the nascent democracy to grow. Successive military dictators took advantage of that, overthrew elected governments and destroyed political institutions. The hope is that the judiciarys action will not precipitate a crisis that will put the democratic process again in jeopardy. At a time when long-term dictators in the Middle East have acceded to the peoples choice, the process cannot be impossible to reverse in Pakistan. The people of Pakistan deserve democracy and nothing short of democracy will keep them resolved to meet the challenges, be it from the superpower or from across the border. Judicial Activism Of The High Court Using SUO MOTU by Barrister Ahmed Uzair

1.

INTRODUCTION

The question of judicial activism is of an increasing relevance to us in Pakistan; more so following the judicial revolution epitomized by the restoration of the Chief Justice of Pakistan. Judicial activism derives its existence from the judgments of the Chief Justice of the US Supreme Court John Marshal in the early 19th century. In the landmark case of Marbury vs. Madison, it was declared that an act [of another branch of government] repugnant to the Constitution is void. The term judicial activism derives its origin in American political and legal discourse of the 1950s where Arthur Schlesinger Jr. in an article titled "The Supreme Court: 1947 profiled the nine Justices as either judicial activists or champions of self restraint.

2.

JUDICIAL

ACTIVISM

AND

JUDICIAL

RESTRAINT

As observed by Arthur Schlesinger Jr., two schools of thought emerged, i.e. those that ascribe a much limited role to the judiciary (they being the champions of self restraint), and those that argue in favour of greater judicial scrutiny (the judicial activists). The champions of self restraint, jurists such as Alexander Bickel, John Hart Ely, highlight the anti-majoritarian nature of the judiciary, the fact that it is appointed and not directly accountable to the people and that by actively questioning the measures taken by the executive; the judiciary is usurping the power of the elected branches of the State. Since the judiciary is not elected it does not have any legitimacy to over-rule (let alone set) government policy, unless an action is in direct conflict with the Constitution. On the other side of the scale, the followers of judicial activism justify going beyond and even against the intentions of those who have drafted the law. They argue that this greater role of the judiciary is vital to ensure a stronger democracy and a just and stable society. In other words; it

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is necessary to keep a check on transient majoritarianism (protection of minority rights and the underprivileged), and that it is necessary for the protection of liberty, property and life. The Judiciary does not act outside the democratic setup, rather it is a part of it, and its decisions are always under scrutiny by the people. There is no denying that checks on the executive authority are absolutely essential for effective running of a democratic society. The question then is that of degree, extent and scope. Of particular interest to this author is the suo motu use of judicial powers in aid of judicial activism. It may be observed that judicial activism is by no means a recent phenomenon in Pakistan but suo motu exercise of judicial power is.

3.

SUO

MOTU

Judicial activism is invariably (but not necessarily) expressed in cases of judicial review i.e. people versus the State where an aggrieved person or group seek the courts intervention against an action or lack thereof on part of the State. Exercise of suo motu can be classified as an extension of judicial review. However, and more crucially, in cases of suo motu the judge takes cognizance of a matter on his/her own initiative. On other occasions, simple applications filed in the court are converted into/deemed to have been filed as petitions. Another distinction may be drawn here. The courts, being a creation of the Constitution, derive their authority from the Constitution or other laws that confer jurisdiction. The Supreme Court of Pakistan has been expressly conferred powers under Article 184 (3) of the Constitution to take suo motu action for the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II of the Constitution. The said article reads as follows: (3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved have the power to make an order of the nature mentioned in the said Article. No such power is conferred to the High Courts by the Constitution i.e. to take suo motu action against the executive. The Constitution in fact goes so far as to state in Article 175 (2) that: (2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law. Therefore while a lot of the arguments for and against judicial activism in general, and suo motu in particular, are also applicable to the apex court, I will restrict my observations to the suo motu exercise of judicial power by the High Court.

4.

HISTORICAL

PERSPECTIVE:

THE

CONSERVATIVE

VIEW

In the 1956 Constitution Article 170 defined the scope of the jurisdiction of the High Court conferred upon it; the Article read as follows: Art 170: Notwithstanding anything in Article 22, each High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any Government, directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the right conferred by Part II and for any other purpose.

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The Supreme Court has long maintained that the High Court is not competent to commence proceedings and issue directions suo motu. In the Supreme Court case of Tariq Transport Company, Lahore vs. Sargodha-Bhera Bus Service and other, while interpreting Article 170 (above) Chief Justice Muhammad Munir observed that high court, therefore, is not competent merely on information or of its own knowledge to commence certiorari proceedings or other proceedings of a similar nature under [Art. 170] .... Mr. Justice Shahabuddin in the same judgement also observed that; The normal procedure is to' move a Court by a petition, or a complaint or a plaint and in cases where power to act suo motu is given it is specifically conferred as in S. 115, Civil Procedure Code, and S. 435, Criminal Procedure Code. I can see no ground for thinking that the intention of the Constitution was to empower, 'the High Courts to send for the records of any of the proceedings before any executive or quasi-judicial authority and satisfy themselves that every department of the Government is functioning satisfactorily. Mr. Justice Cornelius made similar observation, holding that, I cannot conceive that the Article [175] can ever be thought to include a general power in the High Court to conduct searching enquiries into the internal working of such an institution as the R. T. A. The reservations of the Supreme Court in this case were clear. If the High Courts started conducting inquiries into the affairs of government departments in order to satisfy themselves the State machinery would grind to a halt. In two subsequent cases the Supreme Court reiterated the above mentioned position; first in the case of Fazle-e-Haq, Accountant-General, West Pakistan vs. The State and then in the case of Islamic Republic of Pakistan vs. Muhammad Saeed In the 1962 Constitution the jurisdiction of the High Courts was defined in Article 98 that made it even more explicit that issuance of writ were subject to applications by aggrieved party; in case of certiorari and mandamus or any person in case of habeas corpus and quo warranto. In the land-mark judgment titled Shahnaz Begum vs. The Honourable Judges of the High Court of Sindh and Balochistan and another the Chief JusticeHamood-ur-Rahman in respect of the Constitution of 1962 observed that; under the 1962 Constitution a High Court has been given the power of judicial review of executive actions by Article 98 in certain specified circumstances but even in such a case the High Court cannot move suo motu for, it is specifically provided in each of the sub-clauses (a), (b) and (c) of Clause (2) of Article 98 that only "on the application of an aggrieved party or of any person," the High Court may make the orders or issue the directions therein specified. The Supreme Court made it clear that it is of the utmost importance to remember that a superior Court should not allow itself to be influenced by sensational reports in newspapers or by what he may have heard or read outside the Court, for in the first case it may unwittingly be encouraging a trial by the press and in the other case unnecessarily be exposing itself to criticism that its actions are motivated by bias. Again the reservations of the Supreme Court are clear and they cannot be truer in this day and age when media organizations are in competition with each other over viewership and the reporting is invariably sensationalized. The provisions on powers of the High Courts in the present Constitution more or less resemble those in the 1962 Constitution. The Supreme Court therefore reiterated its declaration of law in 1982 that the High Court does not have suo motu powers observing that It is settled law that in writ proceedings, the relief must be confined to the prayer made in the writ petition and the High Court cannot issue a writ suo motu."

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5. POST-CONSERVATIVE POSITION The above referred position is representative of self restraint; at-least so far as the High Court is concerned and has held fort for quite some time. However, since the judicial revolution, it is clear that the judiciary sees a wider role for itself in the affairs of the State. In the last 5 years there have been many instances of suo motu actions by the High Courts, most notably, the Lahore High Court. The majority of the public has welcomed this development and has brought with it astronomical expectations from the judiciary. A number of cases were taken up suo motu by the previous Chief Justice of the Lahore High Court Mr. Justice Khuwaja Muhammad Sharif. These cases ranged from the negligence of doctors resulting in death, increase in bus fares, the governments decision to withdraw the promotion of prison department employees, the ZARCO Exchange fraud and the suo motu notice on the sugar price hike28 just to name a few. Mr. Justice Sharif reportedly remarked that suo motu powers of the judiciary [i.e. of the High Courts] was an effective way to check violations of law by the executive and to protect the rights and the lives of the poor in the country and that I will take notice of every matter in which the executive is showing slackness, as justice should be dispensed at all costs. Supporters of the post-conservative judicial activism highlight the inefficiencies of the other branches of government and state that people harbor greater expectations from the judiciary as most [government] departments have failed to deliver on what was expected of them. Justice Shri V.R. Krishna Iyer of the Indian Supreme Court, on the question of judicial activism observed that the true strength and stability of our polity is the societys credibility in social justice, not perfect legalese, and this does not disclose any difference to this fundamental value. This in effect represents the essence of post-conservative jurisprudence at the Lahore High Court. i.e. to do away with legal hurdles as justice is to be dispensed at all costs. Another important aspect of the modern approach is the perception of dispensation of justice. An Executive that is constantly looking over its shoulder is starting to albeit at a snails pace think twice before usurping the public trust. Finally, the proponents of judicial activism can argue that there is a tacit consent on the part of the people of Pakistan when they (twice) took part in the campaign for the restoration of the judiciary. 6. JUDICIAL RESTRAINT IN PAKISTAN With the advent of this post conservative trend a school of thought has emerged that opposes this development. They warn against greater judicial activism and by extension suo motu exercise of judicial power. They highlight the jurisprudence of the last five decades. Secondly, they are argue that the High Courts, by taking suo motu notice, are discouraging people from following the due process of the law i.e. the right of an aggrieved person to move the Court when his/her right is being infringed/violated. Thirdly, cases that are already pending before the courts are delayed even further. As of 30th June 2010 there are nearly 1.65 million cases pending in the Courts in Pakistan, out of which more than 85,000 are before the High Courts. While the High Courts take suo motu notice of issues in the news, these cases are reprioritized]. Why would one - as a litigant - want to spend long and arduous years in courts following the procedure prescribed by law? Fourthly, if the justification for suo motu action is justice delayed is justice denied, do those litigants whose cases are already pending before the High Court not have the same right Then there is the question of practicality. It is simply not possible for the High Court to take suo motu notice of every indiscretion of the executive. Therefore the High Court is - in effect choosing which matters to take notice of and which not. What is, in that case, the criterion for such a selection? What of those citizens whose plight is not taken up by the High Court? Finally they argue that how can an unrepresentative and unaccountable body or person decide on policy matters that should be the exclusive purview of the elected officials? Clearly it is an inherent contradiction to the concept democracy that policy is determined by the judiciary.

25

In this regard the example of the suo motu notice taken by Lahore High Courts Divisional Bench of the high price of sugar may be mentioned. The Court ordered the price of sugar to be fixed at Rs. 40 per Kg. This level of micro-management of public policy is quite alarming. The outcome has been that neither the price has been fully stabilized nor fully floated, as there is constant risk of artificial interference. Wouldnt a long-term solution aimed against hoarders, by enforcement and strengthening of anti-trust and anti-monopoly laws be more effective? 7. CONCLUSION Therefore it may be concluded that notwithstanding the nobility of the objective, it is simply not possible for a Court of Law to ensure effective running of each and every department of the government. Even with its widening sphere of influence - which is a reality - the judiciary must not overwhelm itself by this ever greater public expectation and not let itself get embroiled in micro-managing the affairs of the executive, or for that matter, the legislative. If the judiciary decides on policy matters such as the price of sugar or carbon levy, it should then expect to share the responsibility should things dont go according to plan. The judiciary cannot endeavor to cause a reformation of the society. It is not its role and for this reason that the Supreme Court, in the recent judgment on the National Reconciliation Ordinance observed that if the Court attempts to become the arbiter of what is good or bad for the people, it will inevitably enter the minefield doctrines such as the law of necessity or salus populi suprema lex. While one cannot categorically state that there has been greater vigilance on the part of the executive, or that there will be any lasting effect of the suo motu use of judicial power, as only time will tell. The judiciary however needs to recognize its own limits and strike a balance. No rule ought to be laid down as to whether or when or to what extent judicial power may be exercised suo motu. It is my opinion that neither should there be an absolute bar, nor should it be unbridled authority and it is for the High Court for itself to recognize and lay down its own limitations. Political Instability in Pakistan The territorial issues and border conflicts with India, the socio-economic differences within the country, the struggle for a share of power between the provinces and the early death of the founder of Pakistan Mohammad Ali Jinnah, are some of those realities which not only politicized the policy making elites and their willingness in introducing the fair democratic procedures but also encouraged the non-democratic elements in the country including the army. Even after 63 years, as a corollary, the country could not get cleaned from feudal, tribal, punchayt system and sectarian segregation. In this grim situation the public has been left untutored in the kind of vigilance usually needed to hold political leaders accountable. Pakistan failed to establish a stable democratic government due to constitutional conflict. Due to political instability, Pakistans economic and social growth has been curtailed. The root cause of Pakistan political woes lies in its feudal and the winner-take-all approach to governing that has been practiced by successive civilian and military leaders. The Muslim League that brought independence to Pakistan, lacked internal democracy. Once partition and statehood had been achieved, provincial and local political parties confined Muslim League just a paper-party. There were no opposition party to counter Muslim League initially, but latter on, Muslim league itself was disappeared. Coupled with the political legacy of Muslim League, the civil and military bureaucracy, that was of much importance due to its scarce number, gained so much power that they depressed the political institution. The constitution-less 10 years-history from 1947 to 1956-was an ill exercise of the political actors, which invoked the military to interfere in the politics. Absence of a complete constitution, allowed the peoples with power to manipulate the political and constitutional institution, as they wanted. Different powerful civil and military bureaucrats played blasphemy of constitution, parliament and political parties. Political parties in Pakistan are not working fairly. The intra-party election is no to be seen. The leaders, consequently, are autocrats. Political parties are famous in the name of leader of the parties. Personification has harmed extremely the true essence of democracy.

26

The third pillar of the state, the judiciary has also dual strategies all over the history. Mostly the role of the judiciary has been vulnerable. It has always provided a so-called legal way to the dictators to assume the power. The constitution has been abrogated many a time with the help of the judiciary. Beside the judiciary and Armys role in politics, the intelligence agencies have become a major actor on the national political scene. Military intelligence and Inter-ServicesIntelligence (ISI) are widely believed to have had a major hand in shaping the candidates and the choices available to voters at least since General Zias general election of 1985. In these situation how a true democratic government would be formed to realized the dreams of the great Quaid? In addition to all above given anti-democracy factors, the dynamic structure of the state is also not in the favour of democratic values to be flourished. For most of its history Pakistan has been divided into provinces drawn basically on ethnic lines. Political loyalties and attitude have a strong ethnic dimension to them, and the central governments desires to manage Pakistans ethnic diversity can have a major impact on resource allocation foreign policy decision, and the game of politics. Another elements which has vitiated the democracy in Pakistan is violance in politics. The patience require for a democratic system is highly tacking in almost all the parties and theirs drivers. Democracy accommodate the presence of dissent party. Democracy is the product of wishes of the people and not of the desires of an elite few. But political prayer of Pakistan could not do so. Illiterate voters, family ties a among politicians and feudalism has constrained democracy in Pakistan. Democracy can be revived in Pakistan by taking following steps. 1. Reform the judiciary. 2. Creation of an independent election commission. 3. Internal party elections. 4. Strengthen the free press. 5. Division of provinces. 6. Dont neglect provincial and local government. 7. Implementation of the constitutions. 8. Continuity of fair elections. 9. Protection of minorities and civil liberties. The nation political parties should embrace a new spirit of co-operation and constructive opposition, moving beyond out dated confrontational and self-defeating street action and walkouts and boycott politics to engage in vigorous political debates free of violence. Pakistan's political system is broken: its political parties are ineffective, functioning for decades as instruments of two families, the Bhuttos and the Sharifs, two clans, both corrupt. The BhuttoZardari axis may be considered "left leaning," while the Sharif brothers may be considered "right leaning." The Sharifs are much closer to Pakistan's military, and to Pakistan's Muslim fundamentalists. Punjabi, the Sharifs represent Pakistan's major ethnic bloc, and the devout Sunni Sharif has an advantage over the Bhuttos, who have Shiite ties. Pakistan continues to face extraordinary challenges on the security and law enforcement front. The country has suffered greater military, law enforcement, and civilian casualties in fighting extremism and terrorism than almost any other country. In the midst of this difficult security situation, Pakistan's civilian government remains weak, ineffectual, and corrupt A number of extremist groups within Pakistan continue to target U.S. citizens and other Western interests and Pakistani officials. Terrorists have demonstrated a willingness and capability to attack targets where U.S. citizens are known to congregate or visit. Terrorist actions may include, but are not limited to, suicide operations, bombings -- including vehicleborne explosives and improvised explosive devices -- assassinations, carjackings, assaults, and

27

kidnappings. Pakistani military forces are currently engaged in a campaign against extremist elements across many areas of the Federally Administered Tribal Areas (FATA) and parts of the Khyber Pakhtunkhwa (KP) Province, formerly known as Northwest Frontier Province (NWFP). In response to this campaign, militants have increased attacks against both civilian and government targets in Pakistans cities and in late 2010 launched several coordinated attacks against Pakistani government and civilian targets, especially in Bajaur and Mohmand Agencies. Over 2500 civilians and 670 law enforcement personnel died in terrorist-related incidents in 2011, and the presence of al-Qaida, Taliban, and indigenous militant sectarian groups continues to pose potential danger to foreigners throughout Pakistan. Terrorists targeted civilians in attacks on markets, clubs and restaurants, places of worship, schools, and outdoor recreation events in Pakistan. In addition, the summer and early fall of 2011 saw outbreaks of serious political violence in Karachi, with estimates of death tolls there in the hundreds. Embassies of most western countries, including the United States, United Kingdom, Canada, Australia, and New Zealand Embassies issued travel advisories recommending against nonessential travel to Pakistan. Even demonstrations intended to be peaceful can turn confrontational and possibly escalate into violence. Rallies, demonstrations, and processions occur regularly throughout Pakistan on very short notice and have often taken on an antiAmerican or anti-Western character.