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Atiqa Odho case: Tilting at windmills
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June 24, 2011
In Pakistan no limit is set on minimum consumption for driving because alcohol is banned. It is banned, that is what the law says, but how often does the law book say what is ground reality. Instead of taking the ostrich’s way out and blindfolding ourselves to the problem we need to understand DUI is a reality.
At a time when our country is writhing and convulsing under a ruthless reign of terror – if ever there was one – with a seemingly endless spree of bomb blasts, target killings, drone attacks and what not, the million dollar question is simply: When will rule of law be restored and justice prevail in our society? People are also wondering why the increasing incidents of self-immolation, suicides and cold-blooded murders have escaped the attention of the present superior judiciary, which is, otherwise, quick to take suo motu action on relatively small-time affairs such as the recent case of renowned tv actress and social activist Attiqa Odho, who was allegedly found in possession of spirits at an airport, but was let off the hook by the FIA. Supreme Court took notice of the issue and sought explanation from the FIA, saying that law-enforcers are following double standards regarding smuggling cases. FIA officials were issued notices to explain their stance.

One also wonders why the ordinary people who used their collective power to get the Chief Justice of the apex court restored are still chasing their dream of a just and a law-based society. Why no one takes suo motu action on the grievances caused to these ordinary people? Instead, issues like Atiqa Odho case are considered more important, while in an identical case, law took its course when contraband was recovered from an airhostess.

Judiciary, a strong pillar of the state, carries the heavy responsibility of delivering justice to the people. But here picture is somewhat different and painful for those who still believe that ‘Supreme Court’ is the forum to ameliorate and redress injustices caused to the public with timely and merit-based decisions.

The Supreme Court of Pakistan has been expressly empowered 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 self-evidently lucid article of the Constitution establishes the mere ‘permissibility’ of suo motu notice for the Supreme Court (note: it does so only for the Supreme Court, the power for the High Court is never explicitly mentioned and is extremely tenuous at best).


The Latin term ‘suo motu’ literally means ‘on its own motion’. The suo motu notice brings victims of impossibly horrific tragedies into attention. Today the country is witnessing injustice, police torture, humiliation of poor people by those influential, massive corruption, drone attacks, extra judicial killings and so on, but the suo motu action on an individual incident of Atiqa Odho did not set a good precedent.

The filing of a large number of petitions ranging from corruption scandals to perceived constitutional deviations by the government to violation of human rights every other day has overburdened the apex court so much that ordinary litigants sometimes feel ignored because of high-profile and important hearings that certainly need timely intervention by the court.

The Supreme Court Bar Association (SCBA) also expressed reservations over this issue. During her speech at the Supreme Court premises, SCBA President Asma Jehangir deplored the tendency to adjourn cases, often after several hours of waiting.

“Urgent applications are kept pending for days and weeks,” she complained, saying the case management by courts was regrettably far from satisfactory. This is particularly a cause of perpetual anguish for outstation legal counsel, she observed, adding that court timings were not often observed.

When cases are deferred without any headway, a visit to the Supreme Court from other cities for a large number of litigants is a bad news as it has a financial impact. For a few, however, it is also an outing.

People were expecting much more from the superior judiciary after its restoration, but the dilemma of missing person is still lingering, implementation on NRO case has become a joke, and swift disposal of cases is a dream.

NA-121 Lahore has been in the grip of the PML-N since 1985, but evolving ground realties in the constituency, including the surfacing of the PTI as a new political force and the re-entry of the Jamaat-e-Islami (JI) into electoral politics, ensures a tough electoral contest on May 11. In the past three elections, the PML-N and the JI coalition has won this seat. But in the upcoming polls, the ri
As the election campaign progresses, incidents of violence and lawlessness have increased. The law enforcement agencies have become silent spectators strengthening fears that blood will spill during elections this year. Attacks on the offices of political parties have gained momentum as May 11 — the day of elections — draws near. Since the announcement of election date, nine blasts have occurred i
The Pakistan Muslim League is likely to play a leading role in the formation of a coalition government in Balochistan, according to independent analysts who are closely monitoring the post-poll scenario. However, the key to this coalition is in the hands of the Pushtunkhwa Milli Awami Party (PkMAP), which has emerged as a top winner with 9 seats in the 51- member provincial assembly, according
District Swat gives a new look with regard to 2013 elections as unlike 2008 elections when the law and order situation was very serious due to Maulana Fazlullah factor and only small portion of voters participated in them. However as it is evident from the enthusiastic electioneering campaign in the recent days a proportionate big turnout is expected on May 11. Unexpectedly in 2008 elections ANP h
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The toughest part of "having it made" is being able to step back and allow things to happen naturally without feeling like you have to get involved in each little detail... And allowing others to shine brightly in their own right.. This week, it's all about giving others the space they need to prosper & grow on their own... Your main goal is to make it clear to others that you want them to succeed just as much as you want to yourself... This ener