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.
It just came in my mind and sharing with ATP friends.
Payam e Musharraf bhee anokhay johr dikhlayay
Nawaz ko high jacker aur Bugtee ko dehshat gard banayay
Yeh wardee hai keh jadoo kee charee hai
Lamha bhar main qazee khud ko mutqazee payay
This may be roughly translated as:
Musharraf message brings charismas
Which declares nawaz a highjacker and bugti a terrorist
Is it a uniform or magic stick?
Which immediately transforms dispenser of justice seeker of justice
I think another aspect of this sad episode is that Justice Bhagwandas should have been the next CJ. But dur the fact he is considered a a minority in Pakistan and mainly this was not going to fly well with our Islamic religious parties whose support Musharaf needs in upcoming election.
To me this would be have a postive outcome of this very very negative action but i guess we might have just missed that opertunity.
Was just forwarded this news item from The Nation.
http://nation.com.pk/daily/mar-2007/11/index8.php
CJ family’s ordeal in SMSs
IMAN HASAN
ISLAMABAD��A lot of armed people are inside the house and we are restricted to one room,� said a text message sent by the frightened daughter of Chief Justice Iftikhar Muhammad Chaudhry to one of her friend on Friday evening.
The message was part of a sole communication link established secretly by the teenage daughter of the Chief Justice with one of her very close friend and a class fellow. This was the only link the whole family of seven had with the outer world.
The link could not be severed by the armed persons, who had taken over the house of the Chief Justice, cordoned off the entire neighbourhood and blocked all the landline and cell phone connections, as the Chief Justice’s daughter had managed to keep the cell phone hidden inside the room.
“We are restricted to one room,� another message sent at 8:00 pm on Friday night by her said. The teenager stayed in that room along with her parents, two other sisters and two brothers. The youngest of the brother, who is six years old, was totally freaked out because of the chaos that was unfolding around them.
Earlier, at around 3:00 pm she called her friend and told her to direct other friends not to call or SMS her. She didn’t give any details and told her friend that she will tell her the details later.
Later at 6:00 in the evening she called her friend again from a landline and told her, “My father has been told to leave the office and is now under house arrest.�
And the phone disconnected abruptly.
The friend of Chief Justice’s daughter was not sure whether the phone was snatched from her hand, she disconnected herself or the line dropped for technical reasons. The friend kept calling her back but all the phones were busy.
It was also learnt that a control room has been formed inside the house from where all the phones are being operated. “Either the phones don’t respond or somebody else picks up the phone,� the sources said. “The house is swarming with agency people,� the sources said.
By Saturday evening the family was allowed to move around the house, it was learnt.
It was learnt that on Friday the search was carried out for all the phones and the family was told to give in all their mobile phones. However, CJ’s daughter managed to hide her mobile phone from the intelligence agencies. But had not called her friend due to the fear of it being found out. She, rather, had been SMSing.
Although the house is crowded with the agency people but there is not a single female police officer to deal with the four females of the family. The family is follows traditional values and the women of the house cover their head.
“There are all strange armed men around the house,� another message said. All the servants including the cook and the personal driver were taken away. Another message said the milkman was also turned away.
Where is Justice Bhagwandas the senior most judge? Isn’t it his responsibility to come back from whatever he is doing and see what role he can play?
Oh where are those crates of Mangoes when we need them?!?!?
@king faisal
I don’t think Pakistan is as “free” a country as you state. The problem with Musharraf is he seems to think he is above any check and balance in his absolute hold over Pakistan. That is the crux of the issue. I agree with you that the judicial and criminal prosecution system is terrible in Pakistan, but the bigger reason for so much hoopla over this latest Musharrafian action is that there seems to be no end to what “he” thinks he can do in his personally defined “national” interest.
Let’s face it, the only reason he is in power is because all his hand picked Corps Commanders support him and anyone who starts making the wrong noises is summarily dismissed. Personally he may be the most enlightened person in Pakistan but it means jack if all his actions are either influenced by the image created in the foreign press or uncontrolled hubris.
I believe it’s useless trying to compare the Pakistani Supreme Court to the US or UK. The issue is adherence to rule of law not intrepretation of the law by justices. The way I read Article 209 it seems the Judicial Council would have to initiate any action against its own CJ. The President should show some respect for the highest judicial officer in the country and not make a mockery of the office and the CJ by placing him under house arrest without a hearing from his own peers.
The irony is that all the present justices took oath under the Musharrafian LFO and a large number of principled justices (should there be any other kind!) were illegaly removed when he came to power because they refused to take a new oath under the draconian LFO!
The earlier Musharraf realizes that this show can’t go on forever and even the US President has to leave after 8 years, the better it will be for him and for Pakistan.
عامر رانا Ù†Û’ بتایا Ú©ÛÂ? جسٹس اÙÂ?تخار Ù…ØÂÂمد Ú†ÙˆÛÂ?درÛ Å’ کوجمعÛÂ? کوآرمی ÛÂ?اؤس راولپÃ⠄¢Ã¢â‚¬Â ÚˆÛŒ بلایا گیا تھا، جÛÂ?اں پر صدر مشرÙÂ? انسے تینچار گھنٹے تک ’سودÛà ¢â‚¬â„¢ بازی‘ کرتے رÛÂ?Û’ اور مختلÙÂ? مقدمØ §Ã˜Âª خصوصاÙâ⠂¬Â¹ لاپتÛÂ? اÙÂ?راد Ú©Û’ معامÙ†žÃ›â€™ میں ØÂÂکومت Ú©Û’ خلاÙÂ? ریمارÚ ©Ø³ دینے سے گریز کرنے Ú©ÛŒ تاکید Ú©ÛŒÛâ€?
انکے مطابق لاپتÛÂ? اÙÂ?راد Ú©Û’ مقدمØ §Ã˜Âª (خارج کرنے) Ú©Û’ ØÂÂوالÛâ€℠¢ سے جسٹس اÙÂ?تخار پر ØÂÂکومت Ú©ÛŒ طرÙÂ? سے بÛÂ?ت دباؤ ڈالا جا رÛÂ?ا تھا اور اس ØÂÂوالÛâ€℠¢ سے انÛÂ?یں ’تضØÂÂÛÅ⠀™ÃƒÅ¡Ã‚© کا نشانÛÂ?à ¢â‚¬Ëœ بھی بنایا جاتا رÛÂ?ا ÛÂ?Û’Ûâ€?
عامر رانا کا Ú©ÛÂ?نا تھا Ú©ÛÂ? صدر مشرÙÂ? سمیت کئی اعلیٰ ØÂÂکومتƺÅ’ عÛÂ?دیدا ر ’چیÙÂ? جسٹس‘ پر دباؤ ڈالتے رÛÂ?Û’ ÛÂ?یں Ú©ÛÂ? ÙˆÛÂ? مقدمØ §Ã˜Âª Ú©ÛŒ سماعت Ú©Û’ دورانØÂÂکومت مخالÙÂ? ’ریمà ˜Â§Ã˜Â±ÃšÂ©Ã˜Â³Ã¢â‚¬Ëœ دینے سے اجتناØ ¨ کریں کیونکà ›Â? ایسے تبصروں سے انتخاØ ¨Ã˜Â§Ã˜Âª Ú©Û’ ØÂÂوالÛâ€℠¢ سے ØÂÂکومت پر برا اثر Ù¾Ú‘ سکتا ÛÂ?Û’Ûâ€?
انÛÂ?ÙˆÚº Ù†Û’ Ú©ÛÂ?ا Ú©ÛÂ? کوئٹÛÂ? Ú©ÛŒ ایک عدالت میں ÛÂ?ونے والے خود Ú©Ø´ ØÂÂملے اور اس میں ایک جج سمیت سترÛÂ? اÙÂ?راد Ú©ÛŒ ÛÂ?لاکت پر ’چیÙÂ? جسٹس‘ صاØÂÂب Ù†Û’ بیاندیا تھا Ú©ÛÂ? معاشی ترقی Ú©ÛŒ باتیں ایک طرÙÂ? لوگوں کوتواپنی جانکی ÙÂ?کر Ù¾Ú‘ÛŒ ÛÂ?وئی ÛÂ?Û’Ûâ€?
(http://www.bbc.co.uk/urdu/pakistan/story/2007/03/ 070309_chief_justice_nephew_fz.shtml)
I am surprised at people being surprised. As a lawyer here in Islamabad I don’t really see what the hoopla is about … Breaking news: country is ruled by a man in uniform … So what constitution… That sad excuse of a document which is used to persecute minorities? Pakistan does not have constitutional intent and it is the absence of that which makes Pakistani political scene a free for all dog eat dog world … The so called constitution of Pakistan is worth less than toilet paper … It has to rank amongst the most contrived and hypocritical documents in the world … A document which any militarised theocratic regime can take advantage but one which fails miserably to protect the fundamental rights of ordinary Pakistanis.
That said under the present constitution the president has the power to send Cj to supreme judicial council … Self styled constitutional scholars please read 209 and 180 together and you will see the complete picture.