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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