Abstract
Independence of judiciary is a hallmark of a civilized society and
salient feature of the modern state-craft. Independent and impartial
judiciary is indispensible for endurance of a federal state as it ensures
strict adherence to the constitution by all state organs and central and
provincial governments. Only an independent and impartial judiciary
can: uphold the constitution; safeguard the powers of provinces
against encroachment by central government; defend the fundamental
rights of citizens, and; keep check on exercise of powers by other state
institutions mainly the executive. The independence of judiciary in a
multi–ethnic and multi–cultural federal state such as Pakistan is
imperative for its endurance, besides interprovincial harmony and
good centre–province relations. Despotic governments cannot tolerate
the independent and impartial judiciary. In order to advance their
personal goals and undemocratic agenda, military rulers in Pakistan
have generally targeted the superior judiciary by depriving it of its
independence, self–esteem, integrity, and impartiality. In this context,
the paper examines as how the military regime under Pervaiz
Musharraf assaulted on the independence of the superior judiciary and
undermined the supremacy of, and tempered with, the constitution of
Pakistan.
Manzoor Ahmad Naazer, Mansoor Akbar Kundi, Sadaf Farooq. (2018) Assault on Independence of Judiciary in a Federal State: A Study of Musharraf Era (1999–2004), The Dialogue, Volume 13, Issue 1.
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