Adil Najam
In a rather shocking move, the President, Gen. Perzez Musharraf just dismissed the current Chief Justice of the Supreme Court of Pakistan, Iftikhar Mohammed Chaudhry for alleged “misuse of authority.”
According to a breaking news segment at The News:
The president has submitted a case against Chaudhry to the Supreme Judicial Council. Musharraf had received “numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the chief justice of Pakistan,” and Chaudhry had been unable to give a satisfactory explanation, sources said. The report did not specify what he was accused of. The council is a panel of top Pakistani judges that adjudicates cases brought against serving judges and will decide whether the charges against Chaudhry merit his formal dismissal and whether he should be prosecuted.
Basing their story on the Associated Press of Pakistan, the BBC reports further:
Mr Chaudhry was summoned to explain himself to Gen Musharraf and Prime Minister Shaukat Aziz. His case was then referred to the Supreme Judicial Council which will decide if Mr Chaudhry should be prosecuted.
The move has shocked many, but signs of its coming can now be identified in hindsight. Mr. Chaudhry had served as the Chief Justice since 2005 and, on occasion, had taken steps that had irked the power structure in Pakistan.
According to a Khaleej Times report, for example:
Last June, the Supreme Court rejected a government move to sell 75 percent of state-owned Pakistan Steel Mills to a Saudi-Russian-Pakistani consortium for 21.7 billion rupees ($362 million). Mill workers claimed it was greatly undervalued. Also, Chaudhry has heard a landmark case brought by relatives of dozens of people believed taken into secret custody by Pakistani intelligence agencies. The chief justice has pressed the government to provide information on the detainees whereabouts. Talat Masood, a political analyst, said the removal of Chaudhry demonstrated the power of the military and suggested that Musharraf’s government wanted to have a “pliable judiciary” ahead of parliamentary elections expected later this year. Musharraf, who took power in a bloodless coup in 1999, is widely expected to seek another five-year term as president from parliament this fall.
Recently, an open letter from Advocate Naeem Bokhari addressed to the Chief Justice and making a number of allegations against him - some personal - has been circulating on the internet extensively. Over the last week, I received probably two dozen emails with that letter in it (many from our readers, and one from my mother!). It seems to have created a stir. Many readers have been writing that we do a post on that letter. I had not done so, just because the letter was a little puzzling to me and its motivations were not clear. I wondered also if there were hints of personal rivalries or issues. On the other hand it was a well-written and seemingly sincere letter from a person of known integrity. In retrospect, the way the letter ended was prophetic:
My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you. My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends. I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court. My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.
In all honesty, one has to wonder, however, whether it was that letter and other recent media focus on the Chief Justice that led to the removal of the Chief Justice, or whether these were merely instruments designed to prepare the way for this removal?
In either case, a removal of the Chief Justice in this way and for such reasons and at this time is a sad, sad development that will be one more blow to the hopes of the development of an independent judiciary in Pakistan.
Note: At various points we have reproduced, in our right-most column, cartoons from Daily Times (and here) and The News.
this is a highly outrageous event and its developments are being charted regularly over at http://paklaw.wordpress.com
can someone confirm can you access this web site in Pakistan
Thanks
Someone just brought about our great LAW MINISTER Mr. Wasi and his antics. Why was he never refused for all the thingshe did?
By the way, there was a very good post on him (Mr. Wasi and his abuse of power as Law Minister) here, can’t find it. Can someone point me to it please?
کجھ ش�ر دے لوک وی ظالم سن،
کچھ سانوں مرندا شوق وی سی�
I think it is time to wake up and smell the coffee
I rather smell another Martial Law. CM of Sind has been called to Islamabad. Few days back Babar ghori of MQM requested President to postpond the election. Ejazul Haq talked about “Emergency” and now CJ has been removed.
The thing which is intresting that How activists of last martial law PPP,WAF etc will come forward against Musharraf because unlike last dictator they can’t use religion factor to run any movement against Musharraf because they and Mush think alike.
Oh Please Rohail….. spare us. First of all, I am sure we all agree that there should be accountability. But it should be ACROSS THE BOARD. Mush has some of the most corrupt people surrounding him as his ministers and advisers.What about them? What about the sugar scandal, Stock exchange, steel Mills, real estates scandals. Did any heads roll?
And what about his law minister, slapper Wasi Zafar,and his son, who goes around beating up people? What happened to them? Anything?
And if by any strech of the imagination, if what was done to the CJ is above board, then is this the way to hold him? Incommunicado??? Why? Is he Osama? What nonsense!
I think it is time to wake up and smell the coffee. The country is under a jackboot! May we have our August 17th soon (amen)
PS: Are you sure your real name is not Gen Musharaf?
Rohail which planet have you come from? When you say everyone should be accountable do you included so-called president but in reality the dictator and the imported so-called prime minister who does nothing but present every god damn asset of the country to his friends in gold platters? What rules apply to them?
I think the President acted constitutionally under Article 207. Everyone should be accountable and there should be Checks & Balances!
One important thing to be determined is “WHICH OPPOSITION PARTY is behind the scene Using & Manipulating the CJP Iftikhar Choudhry against the present Government�??
 Why is it that since few months now; the CJP was issuing political statements against the government?
 Why was CJP digging up cases specially to irk and belittle the government?
 Were all thousands of cases of ordinary Pakistanis solved; that he was hand-picking cases specifically designed against the Government?
 Why was he dragging the Judiciary into Politics?
If there were complaints coming against the CJP Iftikhar Chaudhry, then it was logical that an inquiry be made and the issue be solved.
The most logical way was as has been done by the President!
The CJP met with the President. He was briefed about the allegations against him. When he was unable to defend his position; only then was he removed TEMPORARILY. Now a Judiciary committee consisting of Senior judges will judge his case; and CJP will be allowed to clarify his mis-use of power.
If he’s found innocent then he’ll regain his status of CJP; otherwise if he’s found guilty he has to resign (as a self respect honour) or face consequences!