“Our Judicial system is unable to provide complete justice therefore entire present judicial system should be scraped and be replaced by Islamic justice system,” Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia observed while commenting on the sorry state of affairs.
He said egalitarian society can be created only by establishing rule of law but the present judicial system is hopelessly a failure to observe principle of democracy, freedom, equality, tolerance and social justice as enunciated by Islam.
As per constitution Quran and Sunnah is the Supreme Law of the country because sovereignty over the entire universe belongs to Almighty Allah alone but we are practicing mixed law which is a failure even to decide cases without fear and favour.
Hashmat Habib said Judges of Superior Courts and Jurists of right thinking are convinced that we are passing through a system which is half cooked i.e. ‘Adha Teeter Adha Batair’ therefore neither rule of law can be established nor people of Pakistan will get justice.
He said presently apart from other Constitutional functionaries all Judges of the Superior Courts are functioning without taking correct oath on Holy Book. The Constitution has provided the word ‘solemnly swear’ which is not alternate of oath which should be on Holy Book.
The senior lawyer said that under article 255 (3) every Constitutional functionaries are required to make an oath before he enters upon office even under article 260 oath includes affirmation not swear solemnly.
The constitution is full of such blunders therefore one former Chief Justice Pakistan Mr. Afzal Zullah categorically termed the constitution as ‘Wakhri type da dastoor.’ Hashmat said when all Judges of Superior Courts are functioning under no oath but a statement made solemnly swear how they can do justice with fear of God, therefore the correct oath must be taken by Judges, if they are really God fearing in accordance with teachings of Holy Quran.