The Pakistani judiciary proved its honesty, trustworthy and independence, vowing the disqualification of Pakistani P.M Nawaz Sharif and showed that the judiciary system can take big steps in bringing positive and historical changes, eliminating administrative corruption and ensuring justice and order in the establishment and society.
The Supreme Court in Pakistan firmly and seriously fulfilled its legal duty, dismissing the country’s highest executive body, despite all barriers of pressure and threats.
Can such a worthwhile experience be repeated in Afghanistan? Can the Supreme Court or other competent authority review the administrative corruption and the high ranking-officials’ file and disqualifying them? How many of these historical cases have taken place so far?
The fact is that Afghan judicial institutions are stained structures that not only can carry out such great things, but they themselves form a major pillar of organized corruption.
Basically, there is not this potential in these entities to fulfill their basic duties, according to the powers the law has given them.
According to the article 116 of the constitution, the judiciary power is an independent pillar of the Islamic Republic of Afghanistan and is the supreme judicial organ of the country.
But practically it is not like that and the mentioned organs easily lose their independence and integrity under political pressures. They issue expeditious sentences on the basis of personal interests. The government appoints those people in the judicial system who are completely dependent on the executive branch and to use their judicial justification in demanded situation. In this respect, sometimes important qualifications are taken from them and their role is completely scenic as well as parallel and repetitive institutions such as a center to counter corruption will be born from within them.
If the judicial entities find their legal capacities, they can carry out great things, even according to article 69 of the constitution, disqualifying the president.
The parliament can pose the charge against the president for committing crimes against humanity, national betrayal or other crimes with the approval of one-thirds and with two-thirds of all Wolesi Jirga members, give it Loya Jirga, which by the approval of two-thirds of Loya Jirga votes, the president shall be removed from office, then the issue should be given to a special court.
Dr. S. Abdul Wahhab Rahmani – (DID) news agency
Translated by: Taher Mojab