While taking suo moto action topmost consideration
in the mind of the judge concerned should be that it should be corrective in
nature. Intention is not to let down the government in the eyes of the people.
The judge is not a kind of bravado, a desperado or even a public hero who is
required to highlight his exploits. Such cases can be taken in confidence with
the government and settled quietly. Moreover, taking up odd cases for this kind
of actions do not serve any useful purpose. Thousand and one instances of
injustice plague the society which calls for urgent attention of the judges.
Why pick up only one or two and with what purpose?
The other most disquieting dimension of suo moto
actions is the involvement of the outsiders, mainly the disgruntled sections of
the society and particularly the members of the Opposition . If they shout
slogans in favour of the judge concerned they are doing him no good. They are
only using his shoulders to fire their guns at the government. They are
pursuing their own agenda at his cost doing positive harm to him. He is not in
need of becoming a public hero that they try to make one out of him.
Summing up the argument one may say that the power
hungry feudalistic order that has always been in complete charge of the affairs
of the country, is trying hard to turn the sacred cow of the yesteryears into
the charging bull of the new age. They have put Quaid’s Land of the Pure, named
Pakistan, amongst the topmost corrupt countries of the world. Judiciary that
was supposed to purge the country of its sinful past is being corrupted to fall
in line with their own sinister motives. It is being reminded of its glorious
past when it enjoyed complete independence. The demands of the times, however,
are helping the judiciary to find its rightful place in the hierarchy of the
ruling set up. The true nature of its independence is that it is quite
independent in passing its verdicts as per the law of the land but is not
independent of the government of which it is a junior partner and it should
better reconcile to the position. It should improve judicial functioning at
home eliminating corruption at all levels and promote efficiency in disposing
off the pending as well as fresh cases as quickly as possible. In suo moto
matters it should conduct itself with proper decorum helping to put things
right without letting the government down.