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.
babbi, I feel your frustration but trust me my friend, this will end. We thought Zia ul Haq was there forever…what happened!
The tyrants ultimately fade away..Umer brings encouraging news of CJ reception by 2500 lawyers… someone in President House must be worried!!
CJ Iftikhar Chaudhry has become teh new hero of Pakistan. Read in today NEWS:
http://thenews.jang.com.pk/top_story_detail.asp?Id =6813
See:
“It took Justice Chaudhry more than three hours to reach the Rawalpindi bench of the Lahore High Court (LHC) from his home. More than 500 lawyers accorded him a warm welcome near Kutcheri Chowk. They accompanied the convoy of Justice Chaudhry from Kutcheri Chowk to the HCBA building, covering the four-kilometer distance on foot. Throughout the way Justice Chaudhry remained in the Land Cruiser which was being driven by his counsel Chaudhry Aitzaz Ahsan. More than 2,500 lawyers welcomed Justice Chaudhry at the high court bar”
kawa1, I feel sad for your friend and this country.
I am totally depressed and lost any kind of hope that anything good will happen in our lifetime.
It is absolute chaos which is not likely to end as all the pakistanis now have compromised to live in it.
The Link Newspaper March 23
Text from Qur’an;
“Oyou who have attained unto faith! Be ever steadfast in upholding justice; bearing witness to the truth for the sake of God, even though it be against your own self or your parents and kinsfolk. Whether the person be rich or poor. God’s claim takes precedence over the claims of either of them. Do not then follow your desires lest you swerve from justice for, if you distort the truth, behold God is indeed aware of all that you do” {4:135), and Justice God will definitely do “even if it were an atom’s weight”
After trampling down every democratic institution in Pakistan under his military boots, General Pervaiz Musharif turned his guns towards the last bastion of civil liberties in Pakistan i.e. Supreme Court of Pakistan. After failing to intimidate Justice Iftikhar Mohammed Choudary to resign he then suspended him on false and flimsy accusations. We need to remember he is the same Chief Justice who ruled privatization of Pakistan Steel Mills as illegal. He is the same Chief Justice who directed the government trace disappearance of people by secret agencies of Pakistan.
This could be very important juncture in the political history of Pakistan where judiciary has a dark history of following military orders by providing military rulers ‘legal justifications’ for their unconstitutional acts by legal creativeness of “doctrine of necessity�. Here great care should be taken for not to transform present political struggle in to a fight between two institutions i.e. Supreme Court of Pakistan and Pakistan Army. As it is a norm with all oppressive regimes to first try to intimidate people into submission. If they fail in getting peoples’ unconditional submission they then try to highjack their struggle by describing it as ‘this struggle is nothing but a mere clash of personalities’. That is what General Musharif tried to portray in his recent interview on the same channel which his police force ransacked few days earlier. In this interview he presented himself as a good boy, who always goes by the book and respects the sanctity of the constitution which he abrogated in November, 1999. And obviously Justice Iftikhar Mohammed Choudary was a bad boy in his version of story.
There is no doubt about the democratic nature of this struggle which includes almost every section of society from lawyers to journalists to students to political activists. With the inclusion of mass political parties like Pakistan Peoples Party and Pakistan Muslim League (N) this struggle has a potential of becoming a harbinger of new political culture in Pakistan. Though sign are very encouraging, like the case of every rotten and dying military regime anything can be expected from General Musharif. Like the most orthodox advocate of Generak Musharif’s ‘moderate enlightenment’ Mr Shujaat Hussain insulted current democratic struggle by reducing it as a fight between two institutions (Army and Judiciary) for more perks and privileges. Whenever one speaks he speaks from his experiences and Mr Shujaat’s experience tells him that his struggle has always been for political perks and privileges. If people of Pakistan stood fast and did not accept regime’s explanation of events as a last option before using their brute force- they are so familiar with, they will try to create confusion by inviting different political parties to enjoy power-share with them.
We should give this struggle its rightful status which is the struggle of people of Pakistan for their democratic rights and civil liberties. Signs are very ominous of military junta in Pakistan and eventual outcome of this struggle will be the removal army generals from the political scene once and for all. And any group of people or political party tried to come in from back doors in order to restore the status-quo, it would be considered to sabotage peoples’ struggle in the favour of those who kept people of Pakistan away from their democratic rights since 1947. So Benazir Bhutto should be bewared of ‘soft corner’ which General Musharif mentioned in his TV interview for her political party. He is desperate for political support. Supporting him at the present moment means back stabbing peoples’ struggle for democratic rights.
It would be wrong to look at the present unrest in Pakistan without global context. It is part of global trend where more and more people are expressing their unhappiness with the way USA (Bush) uses its military muscles for corporate purposes. It is part of current massive wave of anti neo-liberalism which stretches from South America to Asia. Anyone who is friend of Bush is considered enemy of people. So the present upheaval is rejection of neo-liberal policies by peoples of Pakistan. They broke the seven years long silence by voicing their instance anger at military government of General Pervaiz Musharif, a Bush ally in the so-called fight against terrorism and his suspension of Chief Justice provided only a channel and a way out to express peoples’ disgust for military rule in Pakistan.
Friendships do have impact as General Musharif learnt few tricks from his friend President Bush. He tried to manipulate judiciary the same way Bush administration did to US judiciary. In both the cases judges have been removed from their offices on performance related issues. However on looker know that Bush administration’s actions were politically motivated. In the same way present military regime are going to face two very far-reaching court cases in coming months before elections. One related to General Musharif’s having two offices at the same time i.e. Chief of Army Staff and President of Pakistan. The second related to dual nationality of Prime Minister of Pakistan Shoukat Aziz. Obviously military regime does not want to have an independent Chief Justice hearing both these far-reaching cases. One has to remember that Prime Minister Aziz has been linked with the people responsible with the recent Karachi Stock Exchange crash as well as with privitisation of Pakistan Steel Mills.
Public protest in Pakistan is not just a protest for Chief Justice but it is a protest against Bush’s friend and a mass demonstration against US foreign policy. So here is very ready made remedy for General Musharif from present turmoil. If he denounces US foreign policy and refuses to be a part of Bush’s war for corporate dominance this might mitigate the intensity of current hostile political atmosphere in Pakistan. However this is only a beginning, in fact a beginning of an end. The beginning of the people’s power in Pakistan, the end of military dictatorship. General Musharif has to go sooner or later it would be advisable if he retreats back to his barracks and leave all the institutions to the people of Pakistan. And for army generals they need to reconcile their internal culture with the present changes and ground realities in Pakistani society. They should do what they are paid for, to serve the people of Pakistan not to rule over them. They should stop conquering their own country and turn their attention towards their profession by dismantling all their commercial enterprises in Pakistan for the protection of which they have to invade democracy in Pakistan again and again.
So if people of Pakistan kept their aims and objectives clear then this could be the last nail in the coffin of military rule in Pakistan.
babbi, a relative of ours did business with defense Purchase (DGDP). He was so tired of Generals/Brig/Col’s demands and commissions. Most of the top brass demands their commissions overseas in Western banks. The money was mostly used by the generals wife’s and children traveling and buying properties abroad.
The guy ultimately died of heart failure. He lived in absolute pressure all his life and cursed the day he started this line of business. He died at age 48
Finally, the Army has found the only corrupt person in Pakistan, ITS CJ.
Corruption always trickle from the top. Who on the earth is going to put reference against these brigadiers and generals having lots and lots of property and bulging bank accounts.
You can ask the people involved in Military supplies, the percentage of comission that is demanded by these Army officials.
{PAKISTANI; YOU WROTE…}
PAKISTANI Mar 14th, 2007 at 4:51 pm Quote
Don’t you guys have any shame.
DOn’t you know how much your are hurting Pakistan’s image by putting up these pictures and writing these comments.
Think about it. How will someone from outside look at Pakistan after seeing and reading this.
Sometimes its just better to remain quiet, for the good of your country.
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IT IS NEVER A SHAME TO SPEAK THE TRUTH. THE PROPHET SPOKE THE TRUTH WHEN COMMANDED BY GOD. HE BELONGED TO A WEALTHY FAMILY AND ALL PROMINENT LEADERS IN MACCA AND MADINA PLEADED WITH HIM NOT TO TELL THE TRUTH….
SHAME IS WHEN YOU HIDE THE TRUTH… WE STAND PROUD AS A NATION WHEN CITIZENS HAVE THE GUTS TO SPEAK THE TRUTH AND DEFY FORCES OF OPPRESSION…
SHAME ON YOU FOR POSTING THOSE COMMENTS. YOU ARE A TRUE PAKISTANI, ONE WHO BROUGHT PAKISTAN TO THIS POINT.