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Supreme Court Reinstates Iftikhar Chaudhry as Chief Justice of Pakistan

Posted on July 20, 2007
Filed Under >Adil Najam, Law & Justice, People, Politics
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Adil Najam

The news is in. The Supreme Court of Pakistan just reinstated Iftikhar Chaudhry as the Chief Justice of Pakistan by throwing out the Presidential reference against him. The Supreme Court has today showed its mettle, just as the lawyers of Pakistan have been showing their mettle for the last many months. One feels proud of both today. (READ TEXT OF SUPREME COURT’S SHORT ORDER HERE).

Whether you agree with the verdict or not, the decision from the Supreme Court today is clearly historic. Not because of what it means for Iftikhar Chadhry (reinstatement as Chief Justice) or for Pervez Musharraf (his reference against the CJ has been thrown out). It is historic because of what it means – and what one hopes it will mean – for the Justice system in Pakistan. Although many have made it about one of these things.

This case was never just about Chief Justice Iftkhar Chaudhry nor just about gen. Pervez Musharraf. This was always about something bigger. It was about the rule of law. The dignity of law. About sanctity of the judicial system. About respect for institutions. About Pakistanis being essentially democratic at heart. About constitutionalism. And about the importance of process. Once hopes that this decision will be seen not only as a reinstatement of the Chief Justice but as a symbol of the sanctity of all of the above.

The court’s decision (we will post the full text here as soon as we can) seems well-worded on this point (from television reports). It highlights that this is not a decision for or against a person but for the judicial process. One hopes that all concerned will react in this way. The government’s early reaction is good, including from the Prime Minister. It is one of acceptance. That is how it should be. It is early to say, but one hopes that the government’s spin doctors and especially Gen. Musharraf will truly accept the decision in word and in deed. This will accept a humility that people in power have not usually shown in Pakistan. It would be good to set a tradition of acceptance of justice. It will also need a magnanimity of heart from Chief Justice Iftikhar Chaudhry.
ATP Poll on Chief Justice's removalATP Poll on Chief Justice's removalThis will, of course, have profound impacts on Pakistan politics, including on the issue of Gen. Musharraf’s ‘uniform. That is also how it should be. Pakistan politics today is not what Pakistan politics was when the President took the decision to send the reference. One hopes that everyone, including Gen. Musharraf understands that. This will impact real politics in real ways. That will unroll – and should unroll – through the political process and through public opinion. That is how it should be. But for now, the real story here is that a dispute was resolved through the proper process. For now, I hope we will focus on this larger story. That people will come to respect the courts. That the courts will themselves assert their dignity and due role. That governments will not use the courts as their hand maidens. Most importantly, I hope this will give the courts the precedence and the confidence to assert themselves as they should.

There will be many who will be inclined to spin this every which way. Some advisors to both will root for digging in – one way or the other. Political types will try to spin this for their particular political preferences. I hope that the key actors here will reject all these inevitable noises. For once, I hope, people — all people — will rise about personal interests and for national interests. The supreme Court full bench under Justice Ramday and, in the shadows, Justice Bhagwandas have made us prous and shown us the way. Now, if only the remaining 160 million of us can follow their example in the spirit in which the decision is expressed by the court.


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Details, according to The News:

A 13-member full court of the Supreme Court on Friday gave historic verdict to reinstate Chief Justice Iftikhar Muhammad Chaudhry and quashed misconduct charges filed against him by President Pervez Musharraf. The announcement sparked massive celebrations by lawyers who had spent the day waiting outside the court for the verdict. Chaudhry was suspended in March, following allegations that he abused his position, notably to obtain a top police job for his son and other privileges for himself. “The reference of the president dated March 9, 2007 is set aside,” presiding judge Khalil-ur-Rehman Ramday told the court, announcing the panel of judges had reached a 10-3 decision in Chaudhry’s favour after a 43-day hearing.

“As a further consequence, the petitioner, the Chief Justice of Pakistan, shall be deemed to be holding the said office and shall always be deemed to have been so holding the same,” he said. The Supreme Court started hearing of an appeal of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry against his suspension by President Gen. Pervez Musharraf on April 18. Iftikhar Mohammed Chaudhry had challenged Musharraf’s decision to suspend him and he was under trial for alleged misconduct. The lead counsel for the chief justice Chaudhry Aitzaz Ahsan had filed a petition against presidential reference under article 184-III of constitution.

Aitzaz Ahsan had completed his arguments during the hearing today after which head of a 13-member full court bench of Supreme Court Justice Khalilur Rahman Ramday announced the brief verdict. On this occasion, special security arrangements were made outside the Supreme Court by posting heavy contingents of police. Meanwhile, Prime Minister Shaukat Aziz said the government accepted the Supreme Court’s decision to reinstate the country’s top judge but added it was “not the time to claim victory or defeat.”

“I have just learnt of the Supreme Court decision. I have always maintained that the decision by the honourable court must be accepted by all sections of the people including the government itself,” Aziz said in a statement. “This is not the time to claim victory or defeat. The constitution and the law have prevailed and must prevail at all times,” he added.

Thanks to reader Saad for sending us the full text of the Supreme Court’s short order:

ORDER

For detailed reasons to be recorded later, the following issues arising out of this petition are decided as under:-

(I) MAINTAINABILITY OF COP NO.21 OF 2007 FILED UNDER ARTICLE 184(3) OF THE CONSTITUTION
This petition is unanimously declared to be maintainable.

(II) VALIDITY OF THE DIRECTION (THE REFERENCE) ISSUED BY THE PRESIDENT UNDER ARTICLE 209(5) OF THE CONSTITUTION.
By a majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), the said direction (the Reference) in question dated March 9, 2007, for separate reasons to be recorded by the Hon. Judges so desiring, is set aside.

(III) VIRES OF JUDGES (COMPULSORY LEAVE) ORDER
BEING PRESIDENT’S ORDER NO. 27 OF 1970 AND THE CONSEQUENT VALIDITY OF THE ORDER DATED 15.3.2007 PASSED BY THE PRESIDENT DIRECTING THAT THE CJP SHALL BE ON LEAVE
The said President’s Order No.27 of 1970 is, unanimously declared as ultra vires of the Constitution and consequently the said order of the President dated 15.3.2007 is also, unanimously declared to have been passed without lawful authority.

(IV) VALIDITY OF THE ORDER OF THE PRESIDENT DATED 9.3.2007 AND OF THE ORDER OF THE SAME DATE OF THE SUPREME JUDICIAL COUNCIL RESTRAINING THE CJP FROM ACTING AS A JUDGE OF THE SUPREME COURT AND/OR CHIEF JUSTICE OF PAKISTAN
Both these orders are, unanimously, set aside as being illegal. However, since according to the minority view on the question of the validity of the direction (the Reference) in question, the said Reference had been competently filed by the President, therefore, this Court could pass a restraining order under Article 184(3) read with Article 187 of the Constitution.

(V) VALIDITY OF THE APPOINTMENT OF THE HON’BLE ACTING CHIEF JUSTICES OF PAKISTAN IN VIEW OF THE ANNULMENT OF THE TWO RESTRAINING ORDERS AND THE COMPULSORY LEAVE ORDER IN RESPECT OF THE CJP

The appointments in question of the Hon’ble Acting Chief Justices of Pakistan vide notification dated 9.3.2007 and the notification dated 22.3.2007 are, unanimously, declared to have been made without lawful authority. However, this in-validity shall not affect the ordinary working of the Supreme Court or the discharge of any other Constitutional and/or legal obligations by the Hon’ble Acting Chief Justices of Pakistan during the period in question and this declaration is so made by applying the de-facto doctrine.

(VI) ACCOUNTABILITY OF THE HON’BLE CHIEF JUSTICE OF PAKISTAN
It has never been anybody’s case before us that the Chief Justice of Pakistan was not accountable. The same issue, therefore, does not require any adjudication.
All other legal and Constitutional issues raised before us shall be answered in due course through the detailed judgment/judgments to follow.

ORDER OF THE COURT

By majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), this Constitution Original Petition No.21 of 2007 filed by Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan, is allowed as a result whereof the above-mentioned direction (the Reference) of the President dated March 9, 2007 is set aside. As a further consequence thereof, the petitioner CJP shall be deemed to be holding the said office and shall always be deemed to have been so holding the same.

The other connected petitions shall be listed before the appropriate Benches, in due course, for their disposal in accordance with law.

ATP’s coverage of the Chief Justice issue:
- Constitutional Deja Vu
- Collateral Benefits
- Politics of References
- Where is the Prime Minister?
- Acting Chief Justice Bhagwandas
- ATP Goes to Supreme Court
- Celebrating the Democratic Spirit
- CJP Mushaira (Faraz)
- CJP Mushaira (Faiz)
- Karachi Burns
- Hope on a Dark Day
- Media Under Siege
- ATP Poll on CJP
- Shameful. Dangerous.
- CJP Removed by President

111 Comments on “Supreme Court Reinstates Iftikhar Chaudhry as Chief Justice of Pakistan”

  1. Ahsan says:
    July 20th, 2007 9:55 am

    Is it the First time that the PSC has given a judgement against the ruling dictator? In case it is true, it should be a turning point in the history of Pakistan. I hope it will lead us to the real Democracy where rthe People will be supreme and sovereign to decide for itself and not a religion, diety or God.

  2. thanos says:
    July 20th, 2007 10:04 am

    I am happy for Pakistan, and you correctly stated the true import of the case. It’s about the rule of law, your state, and whether your constitution is worth the paper it’s writ upon. It seems it is.

  3. MZ Khan says:
    July 20th, 2007 10:15 am

    I wonder if those responsible for this reference, mistreatment of CJ and his family and waste of innocent lives, time and money will ever be brought to justice?

  4. Saad says:
    July 20th, 2007 10:17 am

    Pakistan Zindabad – nuff said!

    It’s time to show the door to the wardi walas ;)

  5. July 20th, 2007 10:26 am

    Thanks god that Chief Justice has been restored. What has saddened me the most is the suicide attack targeting the Chinese. Why are extremists targeting the Chinese ? See the answer posted in the Pakistan Uncut Blog.

  6. Viqar Minai says:
    July 20th, 2007 10:34 am

    Finally one bright spot in the sea of creeping, engulfing, doom and gloom. Thank God(SWT) for small mercy.

    I pray that this day is the beginning of a long, unrelenting, struggle to redeem Pakistan.

  7. MQ says:
    July 20th, 2007 10:43 am

    Faiz comes to help at moments like these:

    Roshann kahiN bahaar kay imkaN hooay tau haiN
    Gulshan maiN chaak chand graybaaN hooay tau haiN
    Thehri hooi hai shab ki siaahi wahiN magar
    Kuch kuch sahar kay rang, par afshaaN hooay tau haiN

    There are signs of spring
    Few buds have opened up
    Still there is a lot of darkness around
    But one can see signs of dawn on the horizon

  8. faraz says:
    July 20th, 2007 10:50 am

    Ahsan, it is not first time. In 1993 supreme court reinstate Nawaz Sharif government. We also know what happened between Sajjad shah and Nawaz sharif in his second term. It is a long battle and will not end so soon.

    It is good that judictionary is fighting back. Now politicains should show some character on issues on national interest. Supreme court can not run country.

    Any how it is step in right direction.

  9. July 20th, 2007 10:55 am

    Just to let people know that there were a number of comments on this news in other posts, including here and here.

    Our thanks to all those who broke the news for other ATP readers in these columns while we prepared this post.

  10. July 20th, 2007 10:58 am

    To add one more thing. Justice Fakhruddin Ibrahim, a highly respected personality, has some very good analysis on Aaj. Included in the points he made he congratulated the judges for the independence they have show, the government for showing acceptance, and stressed again and again that the way to understand this is as a victory for constitutionalism. He also said, I think very insightfully, that this could be “the beginning of the end of military rule in Pakistan.” Not, just the current government, but as a permanent basis (because people and courts will now, hopefully, not tolerate it).

  11. MZ Khan says:
    July 20th, 2007 11:04 am

    that this could be “the beginning of the end of military rule in Pakistan.

  12. Shuaib says:
    July 20th, 2007 11:09 am

    Good to hear the news.

    One wonders how this decision will affect the current political situation in the country? Rather, will it have any major effects after all?

    I seriously wish Gen. Musharraf would (for heavens sake) leave all his appointments (uniform, president etc) now. I have adored Musharraf for a long time, that is, until he was sincere in his motives and crystal clear that his aims were to stabilize Pakistan’s economy and improve its image in the international scene. But, for the past couple of years, he has changed. He is now only a power hungry dictator who for his personal gains has messed up the social system in Pakistan, increasing the gulf between the Pakistani military and public.

    God, it’s so depressing seeing the political situation in the country. I mean, even if Musharraf goes, who would be his successor? Not Nawaz and Benazir, for heavens sake. Especially not Benazir, please!

    Anyways, the news is good. It’s clear that Musharraf is very dangerous to the stability of the country now, and that he is creating a huge gulf between the military and the general public. He better leave now.

    P.S. Please try to avoid typos and grammatical mistakes in the posts. It gives a better feeling. :)

  13. Reluctant Expatriate says:
    July 20th, 2007 11:19 am

    Today, I am so proud of the Pakistan’s judiciary. I am also proud of the President and Prime minister for accepting the supreme court judgement even though I am against their dictatorship of abuse of civil rights of common citizens. I hope that the President Musharaff will not use other means in future to circumvent the rule of the law, and Mr Chaudhri will not make a personal vendetta against the president.

    Some one has posted a poem by Faiz above. This reminded me of short sura in the holy quran which states that when the glorious sun comes out in the morning, it immediately wipes out the darkness. I pray, that this event is start of the dawn, and change for the true democracy and humanity will come to Pakistan quickly just like the sun.

  14. zamanov says:
    July 20th, 2007 11:45 am

    [Presiding judge of the 13-member full court , Justice Khalil-ur-Rehman Ramday, pronouncing the judgement said President Musharraf's order suspending Chief Justice Iftikhar Mohammed Chaudhry was “set aside as being illegal.

  15. July 20th, 2007 11:45 am

    I am waiting what our “Altaf Bai” are going to say on this historical decision because I remember that he was asking on 12th May, “Chief Saaaab! lashain girakar Sakoon agaya?”. Now I think Altaf bhai needs prickly to get some “Sakoon”.

    it’s also interesting what would be the position of PPP and Aitazaz now. I read that General had called an important meeting of all governors and CMs to discuss country situation and CJ trial and since decision is against him, I doubt he might try to go for emergency, i wish I am wrong but I think laws permit him to go for this extreme step because when he could show extremism in name of “Operation Lal Masjid” then he could do anything.

  16. July 20th, 2007 11:48 am

    *prickly heat powder*

  17. July 20th, 2007 12:05 pm

    @Adnan

    Altaf bhai will be busy in processing some new diplomatic statement to cover what he has said before pertaining to judiciary and CJ.

    Its a great event in the history of our country. Judges at last survived the pressure from establishment and slapped them for ediotic blunders.

    Lets see how much moral courage will be showed by stooges like wasi zafar and sindh Chief minister…

    May be establishment come up with some scape goats in this scenario.

    This decision has increased my optimism about future of Pakistan.

  18. Saad says:
    July 20th, 2007 12:12 pm

    Wasi Zaffar has already come on Aaj TV and said that the reference was made on a ‘technical’ point and therefore there is no reason for him to resign unless asked by the Supreme Court of Pakistan.

  19. Rehan says:
    July 20th, 2007 12:28 pm

    Today is Pakistan’s second independence day.

  20. July 20th, 2007 12:30 pm

    If anyone can find the actual text of the Supreme Court’s short order, could you please post it here.

    Meanwhile, this update from Dawn has some snippets of teh actual text of the short order.

    …In a short order the full court set aside by a majority of ten to three the Reference that was filed by the President on March 9 on the advice of the Prime Minister against the chief justice under Article 209 of the Constitution. The short order declared the petition of the chief justice filed under Article 184 (3) of the Constitution “unanimously maintainable.

  21. Babar says:
    July 20th, 2007 12:39 pm

    Finally some positive news from Pakistan. I really hope that the courts will keep up this tradition.

    Thanks to ATP for being the voice of sanity. Good that you added the analysis of Justice Ibrahim.

  22. Saad says:
    July 20th, 2007 1:18 pm

    ORDER

    For detailed reasons to be recorded later, the following issues arising out of this petition are decided as under:-

    (I) MAINTAINABILITY OF COP NO.21 OF 2007 FILED UNDER ARTICLE 184(3) OF THE CONSTITUTION

    This petition is unanimously declared to be maintainable.

    (II) VALIDITY OF THE DIRECTION (THE REFERENCE) ISSUED BY THE PRESIDENT UNDER ARTICLE 209(5) OF THE CONSTITUTION.
    By a majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), the said direction (the Reference) in question dated March 9, 2007, for separate reasons to be recorded by the Hon. Judges so desiring, is set aside.

    (III) VIRES OF JUDGES (COMPULSORY LEAVE) ORDER
    BEING PRESIDENT’S ORDER NO. 27 OF 1970 AND THE CONSEQUENT VALIDITY OF THE ORDER DATED 15.3.2007 PASSED BY THE PRESIDENT DIRECTING THAT THE CJP SHALL BE ON LEAVE

    The said President’s Order No.27 of 1970 is, unanimously declared as ultra vires of the Constitution and consequently the said order of the President dated 15.3.2007 is also, unanimously declared to have been passed without lawful authority.

    (IV) VALIDITY OF THE ORDER OF THE PRESIDENT DATED 9.3.2007 AND OF THE ORDER OF THE SAME DATE OF THE SUPREME JUDICIAL COUNCIL RESTRAINING THE CJP FROM ACTING AS A JUDGE OF THE SUPREME COURT AND/OR CHIEF JUSTICE OF PAKISTAN
    Both these orders are, unanimously, set aside as being illegal. However, since according to the minority view on the question of the validity of the direction (the Reference) in question, the said Reference had been competently filed by the President, therefore, this Court could pass a restraining order under Article 184(3) read with Article 187 of the Constitution.

    (V) VALIDITY OF THE APPOINTMENT OF THE HON’BLE ACTING CHIEF JUSTICES OF PAKISTAN IN VIEW OF THE ANNULMENT OF THE TWO RESTRAINING ORDERS AND THE COMPULSORY LEAVE ORDER IN RESPECT OF THE CJP

    The appointments in question of the Hon’ble Acting Chief Justices of Pakistan vide notification dated 9.3.2007 and the notification dated 22.3.2007 are, unanimously, declared to have been made without lawful authority. However, this in-validity shall not affect the ordinary working of the Supreme Court or the discharge of any other Constitutional and/or legal obligations by the Hon’ble Acting Chief Justices of Pakistan during the period in question and this declaration is so made by applying the de-facto doctrine.

    (VI) ACCOUNTABILITY OF THE HON’BLE CHIEF JUSTICE OF PAKISTAN

    It has never been anybody’s case before us that the Chief Justice of Pakistan was not accountable. The same issue, therefore, does not require any adjudication.
    All other legal and Constitutional issues raised before us shall be answered in due course through the detailed judgment/judgments to follow.
    ORDER OF THE COURT
    By majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting), this Constitution Original Petition No.21 of 2007 filed by Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan, is allowed as a result whereof the above-mentioned direction (the Reference) of the President dated March 9, 2007 is set aside. As a further consequence thereof, the petitioner CJP shall be deemed to be holding the said office and shall always be deemed to have been so holding the same.
    The other connected petitions shall be listed before the appropriate Benches, in due course, for their disposal in accordance with law.

  23. Kruman says:
    July 20th, 2007 1:35 pm

    History of Pakistan
    ==============

    14 August 1947: Independence from colonial rule

    12 Oct 1947: A general usurps power by overthrowing a civilian regime. Pakistan loses it’s independence and falls under military occupation. The shameless general throws the PM into exile, throws the president out on the street, fires a CJ (Siddiqui) after holding him hostage in his house. The bully in uniform solves all political issues at gunpoint attacking his people in NWFP and Balochistan, killing Bugti who worked with the Quaid in Pakistan movement.

    March 9, 2007: A Moses stands up to the Pharoah of the time. Refuses to bow down in worship before the sacred cow and is placed under house arrest.

    March 12, 2007 Laweyrs in Lahore take to the streets and are turned to “bloodied civilians.”

    April 21, 2007: On CJPs visit to Peshawar “bloody civilians” come out on the streets in record numbers. 3 hour journey takes 9 hours

    May 5, 2007: 5 hour journey to Lahore takes 26 hours. Again the “bloody civilians” come out in record numbers.
    Around this time Hammad Raza is murdered in cold-blood.

    July 19, 2007: The supreme court of Pakistan snatches it’s independence from the bullies in uniform.

    Soon to come: Pakistan will be independent once again when the military occupation of Pakistan comes to an end and the jackal in uniform is held accountable for his acts of treason.

  24. July 20th, 2007 2:03 pm

    This really wonderful. The justice is above all. Let’s now wait to see what happens to the President!

  25. July 20th, 2007 2:03 pm

    Abhe to copy paste chal raha hay. What Mush said is being repeated by others including Bai. Seems they have created some template and just changing name.

    I am now waiting what Arbab Ghulam of Musharraf says now.

  26. Ali says:
    July 20th, 2007 2:09 pm

    Good News but feeling sad on the poor mentality of the masses who consider their fate will be changed now as the Chief Justice is back in power. But looking at the other side of the picture this in fact gives Mush a free hand as any future sou motto action by the SCP against any Mush wrong doings will be considered an act of revenge. So reinstating CJ is to tie his hands and putting him in the most powerful constitutional seat.
    Yeh ghar mera Gulshan hey Gulshan ka khuda Hafiz

  27. WASIM ARIF / OTHER PAKISTAN says:
    July 20th, 2007 2:10 pm

    Mubarak to all of Pakistan on this great day. A new Pakistan is taking shape and let us all help each other in creating an alternative and an ‘other’ Pakistan.

    See http://www.otherpakistan.org for more details on how we can together achieve this noble endeavour.

    Feimanallah

    Wasim & Other Pakistan

  28. BD says:
    July 20th, 2007 2:12 pm

    One must commend Mushy for abiding by the order ;)

    Now only if the lawyers can pressurize him to start amending the constitution to prevent any kind of ‘constitutional dejavus’ :D

  29. July 20th, 2007 2:17 pm

    We are proud of you Chief Justice…

  30. libertarian says:
    July 20th, 2007 2:31 pm

    Give Mush his due. He actually allowed this process to take its course and not declare an emergency.

  31. Ghalib says:
    July 20th, 2007 3:04 pm

    If now Shaukat Aziz and Musharaf have some humility left in them,they should both resign!!! and invite all political parties dialogue and forever ban army’s intrusion in politics. The best bet would be a national consensus govt.for atleast 5 years.

  32. Salman A. says:
    July 20th, 2007 3:48 pm

    Democracy rebounds!

  33. symk says:
    July 20th, 2007 3:57 pm

    If Musharraf has any shame he should resign and form a caretaker government after consultation with all political parties and hold fare elections. Only a truly democratic government can handle the current crisis in pakistan. Army should not fight its own brothers, it will demoralize them.
    I don’t like Benazir or Nawaz Shareef but if they are elected by people we should respect their verdict. Hopefully a stronger judiciary will upheld the rule of law and won’t allow any new military adventure in politics of our country.

  34. sidhas says:
    July 20th, 2007 4:17 pm

    Dear Friends,

    Indeed this is a historical decision, and I am very happy, grateful, and elated.

    In our moments of happiness, we must not forget a young men who paid with his life to keep sanctity of law and I am referring to Hamad Raza.

    I wonder if Supreme Court of Pakistan would establish a memorial fund or pay tribute to all those who participated to protect independence and dignity of Judiciary.

    http://en.wikipedia.org/wiki/Syed_Hammad_Raza#External_Links

  35. Deeda-i-Beena says:
    July 20th, 2007 4:37 pm

    The lawyer’s reaction has started a movement.
    This is perhaps the first time that the educated class has risen up to play its long neglected role. Let us remember that the 85000 strong Lawyers community are the highest level of educated persons in the country. Each one of them is at least a post-graduate scholar of at least 16 year’s education.
    Individually the lawyers may not be economically well to do. They have to work everyday to make a living and each day they spent protesting and away from the courts was at a personal sacrifice.
    They have shown us the way.
    Are there other segments of the educated elite who will learn from them and play their role and come out? OR stay where they are and keep cursing the darkness, rather than light a candle??
    Otherwise, we have no business to complain about the kind of leadership we are getting. We would deserve them if we don’t provide it ourselves.

  36. Ayaz Khawaja says:
    July 20th, 2007 4:54 pm

    As long as this military regime is keeping the peace and harmony prevalent in the country and the corrupt politicians at the bay — we should not have any qualms or problems. Suspension of tje Chief Justice and reinstatement looks and sounds very much like a conundrum to me. What is the story behind — God knows better!

    A tainted history of dirty politics has brought Pakistan to a point where civilian governments have totally failed because they are not honest and normally found delved into all types of bad activities and busy looting — squeezing even the very last drop of blood out of the poor and helpless people. The state treasure, reserves and commisions are what they have on their mind.

    What makes people think that the new government (which would definitely be an old party) will be so honest and sincerely run the country and Pakistan will start shining like a star?

    How come Nawaz Sharif is all acceptable to run the country after his corrupt and muderous tenure which is all in black and white..everyone knows about it? An array of incompetent politicians are waiting for swallow Pakistan with their jaws wide open. Think about it. Removing someone without any good backup is not a good idea. What is needed nothing but some sincere educated people who are willing to work in the office — who have a dream or vision to take care of the burning issues, take the country to the next level and leave the office with dignity after making sure the next party would carry the unfinished business or projects over.

    Ayaz Khawaja
    Californa, USA

  37. Jahanzeb Afzal says:
    July 20th, 2007 5:23 pm

    It seems that rule of Law has prevailed in this event. May Allah prove this to be a turning moment in the history of Pakistan and our next generation can see free Pakistan in a real sense.

    Jahanzeb Afzal
    Electrical Engineer
    Lahore.

  38. zakoota says:
    July 20th, 2007 5:30 pm

    Good decision. Musharaf should resign now on immediate basis.

  39. July 20th, 2007 5:39 pm

    Justice reinstated, Pakistan redefined

    Iqbal Tareen -USA- July 20, 2007

    Supreme Court of Pakistan set aside President Musharraf’s order of suspending Chief Justice Iftikhar Mohammed Chaudhry as being illegal. Supreme Court’s decision reinstating suspended chief justice Chaudhry is a landmark decision in many ways. This Supreme Court not only has redefined Pakistan but it has vindicated itself against spotted reputation of its past when it had done dictators’ dirty work hanging Pakistani Prime Minister Shaheed Zulfikar Ali Bhutto and siding with opportunistic philosophy of “Doctrine of Necessity

  40. Roshan says:
    July 20th, 2007 6:26 pm

    SC verdict has given a great confidence and hope to the nation for the independence of judiciary from ancient shackles. It has set the precedence that people and civil society in our country support those who take principle stand against the tyrannical and despotic decision. The beauty of this movement was realization of the fact among common people of our country that its ‘now or never’ situation to regain the dignity and independence of judiciary. It was not with the hope that every body will have access to justice but with the hope that no dictator in future will dare to subjugate judiciary under his thumb.
    I am optimist that the verdict will also determine the political scenario of our country. Now our leadership who believe in TRUE democracy will be more confident for their future course of action. While those who are thinking to have secret deals and the others responsible for Karachi carnage need rethink either they are friends of democracy or despotism.
    The people will be more involved in the upcoming elections and it would be very hard for traditional leadership to befool the well informed masses.
    Let us congratulate all those who organized and participated in the rallies and contributed for this historical days, particularly, lawyers fraternity, media and the civil society organizations were the engines of this movement.
    Hats off to Aitezaz Ahsan and his team which did not plead their case well but also exposed the REAL actors behind reference.

    P. S. I was just thinking that Aitezaz is going to face very very hard time if BB goes with Musharrf. Any comments!!!!!

  41. MZ Khan says:
    July 20th, 2007 6:28 pm

    Malik Qayyum doesn’t look too happy; http://www.bbc.co.uk/urdu/specials/images/138_sc_judgement_sq/517649_23.jpg

    I have would have given anything to see this look on his face.

  42. BD says:
    July 20th, 2007 8:21 pm

    I was just thinking that Aitezaz is going to face very very hard time if BB goes with Musharrf. Any comments!!!!!

    Hehe, he can always change parties :P

    Moreover if, given the current developments, his popularity increases, he may float his very own party!

    Nowadays in the era of coalition politics, small players play a big role.

  43. auk says:
    July 20th, 2007 8:55 pm

    http://thenews.jang.com.pk/top_story_detail.asp?Id=9132

    Wonderful analysis of the verdict by Babar Sattar in “The News”. Though the whole article is worth reading, I am copying the last para to make Kruman happy.

    “What lessons the Musharraf regime can learn from this debacle is a separate chapter altogether. General Musharraf put into play a series of events that threatened to cause irreparable harm to the structure of the state and the spirit of the nation. He would be wise to practice self-accountability at this hour before public accountability takes over.”

  44. July 20th, 2007 10:25 pm

    Alhamdullilah this is a great victory for all the people in Pakistan.My request to our new power brokers in Pakistan which is the legal community and the Supreme Court is to please do something now to Ban the Military from keep conquering their own country via Martial Laws and other frauds.The people of Pakistan have lost respect for the military high command once and for all.
    The jobs of Chowkidars is to stay outside the house not live in the living room.Hope Musharraf will get the message and leave
    the country back to the people.
    Yes the Chief Justice Iftekhar will be a great President.
    It is time to return Pakistan to her people please.Enough of this lootmaar and the law of the gun.
    Yes we can be civilised over the next 60 years if we start now.

  45. July 20th, 2007 10:30 pm

    Thank Allah this is happening in Pakistan.People need some ray of hope and inshallah this will be a great catalyst.

  46. Akif Nizam says:
    July 20th, 2007 10:54 pm

    This is great news! I hope the govt. accepts the decision gracefully and some heads roll as a result. I wouldn’t mind seeing the back of Wasi Zafar among others. I also hope that the Chief Justice maintains his old positions on whatever issue it was that led to this confrontation with the govt.

  47. July 20th, 2007 11:15 pm

    All I can say is: “proud to be a Pakistani”…Long live Pakistan, its people, after all it was people power resulted in this landmark Supreme court decision.

  48. KAWA1 says:
    July 21st, 2007 2:06 am

    To all those celebrating this victory of CJ reinstatement, please take a moment to thank those who sacrificed their lives to make it happen. This historic judgment came with a heavy price tag with loss of 52 innocent lives in Karachi.

    To all those families who grieve the loss of their loved one’s, we as a nation are indebted to you. The turning point of this case was March 12th in Karachi which opened the eyes of every citizen of Pakistan and of higher judiciary.

    The judgment on the case might have been delivered on July 20th but it’s fate was sealed on March 12th.

    The nation salutes the sacrifices of your loved one’s for giving hope to 160 million people of Pakistan.

  49. July 21st, 2007 2:51 am

    I just wonder how much Ch. Iftikhar or SC would be considered credible by all cabals of Pakistan? What I mean to say that SC recently releases Abdul Aziz Ghazi and His wife and daughter on Parole. SC I think also ordered to establish some comission to find out MAIN reason behind bloodshed in the name of “terrorism”. So If Ch, IFtikhar or his SC take some action against govt and give some verdict in favor of Lal management due to absence of any PROOF of terrorism or abducting of kids and using them as shields, would all cabals particularly liberals accept it or they would demonstrate tradition “Chichorpan and Leechar pan” to start mudslinging against him?

  50. Shehzad Ahmed Mir says:
    July 21st, 2007 3:11 am

    OK. Now that the CJ is re-instated & we have celebrated, lets look at the upcoming controversies which may be taken up by the newly energized Supreme Court.

    1. Judicial inquiry behind Karachi carnage of May 12, 2007.

    2. Constitutional legitimacy of Musharraf’s re-election as uniformed President by sitting assemblies.

    3. Judicial inquiry against extremist and militant religious organizations in Pakistan

    4. Limiting role of intelligence agencies in national political processes.

    5. Judicial review of cases against Benazir Bhutto and the possibility of her becoming the prime minister for the 3rd time (against the 2 times PM rule & as a vote of thanks for her party’s help in the re-election of the CJ)

    Ahhhhhh…..it gets interesting now!

  51. July 21st, 2007 3:43 am
  52. Shafique says:
    July 21st, 2007 4:37 am

    Kawai said it best – at least for me: “This historic judgment came with a heavy price tag with loss of innocent lives … The nation salutes the sacrifices of your loved one’s for giving hope to 160 million people of Pakistan.

  53. Ahsan says:
    July 21st, 2007 5:15 am

    MQ,

    Your poetic comment in the language of Faiz at a critical and diffficult moment in the history of Pakistan reminds me of Bahadur Shah Zafar.

  54. YLH says:
    July 21st, 2007 5:20 am

    Lets not get ahead of ourselves. As someone who was part of this movement from the beginning I think the results of yesterday are far reaching.

    The movement was never about ending all ills but t0 free the judiciary… and that is it. Now lets not throw the baby out with the bath water.

  55. Shafique says:
    July 21st, 2007 5:21 am

    Sorry for the typo – I meant “Viqar Minai”.

  56. mazhar butt says:
    July 21st, 2007 5:50 am

    It’s heartening to see the CJ reinstated. I hope he will be able to pay some attention to the deplorable condition prevailing at the lower courts where corruption is shamefully so rampant that these places look more like a market place. The situation at the banking courts is also not satisfactory. Here the staff is indulged in ‘commercializing’ court record and no one , not even the judges, pay any heed to such complaints ,,,,infact they would not listen to such comp[aints,,,,,,,,,,

  57. iFaqeer says:
    July 21st, 2007 6:01 am

    I have just started blogging again regularly after one of my hiatuses…maybe I shouldn’t say much here, since everyone’s being so sunny. Just one thing: that an informed, engaged and vigilant citizenry is necessary for any kind of well-run society–democratic, liberal, enlightened, or whatever. We need to cherish and support those who are periennially at the barricades against oppression and extralegality. “Sulthani-e-Jamhoor ka athaa hai zamaana/Joe naqsh-e-kohan thum koe nazar aayay; mitaa dhoe!” said our national poet. But that’s a process, not an event.

    If you care for some more sobering thoughts, mosey on over to my blog.

    Oh, and check this out:

    http://karachi.metblogs.com/archives/2007/07/ardeshir_cowasj.phtml
    [and http://www.t2f.biz

    Venues and events in K-Town! That’s new stuff for a person re-engaging with his home town in detail after almost a decade…new events, a new cast; and even a new nickname!

  58. muhammad adeel says:
    July 21st, 2007 6:36 am

    I never felt so proud before but certainly the decision on the CJ case made me a proud Pakistani. This is a start of new era. The army has been slapped by the will of the people. It is in the interest of the nation that Army should return to barraks. Anyway i would like to Salute our hero ‘Ch Aitzaz Ahsin’…

  59. Ahmad R. Shahid says:
    July 21st, 2007 7:26 am

    It indeed is the historic judgement in the chequered history of this beleagured nation: beleagured by the military and the foreign powers. It is the victory of the people over the forces of establishment, chiefly the Army. The Army top brass must now be cut to size: to its primary function of defending the borders and not the economic and political interests of the military top brass.

  60. Dr Muhammad Naeem Chishti, Solicitor (London) says:
    July 21st, 2007 12:24 pm

    Judgment in CJ’s case should be welcomed with caution:

    By Dr. Muhammad Naeem Chishti, Solicitor (London)

    A Full Court Bench of the Supreme Court of Pakistan comprising thirteen Judges led by Justice Khalilur Rehman Ramday unanimously ruled on Friday 20 July 2007 that suspension of Chief Justice Iftikhar Muhammad Chaudhry was illegal. Reinstating Justice Chaudhry to the apex judicial office in the country, the Court also set aside the Presidential Reference of 09 March 2007 with a majority verdict of ten to three. While the whole nation is jubilant at the verdict, leaders of political parties, Bar Associations, and non-political organizations have termed the judgment as a victory of the right over the wrong, implying that the verdict was basically a humiliating defeat for President General Pervez Musharraf and his allies. Some leaders, like Mian Muhammad Nawaz Sahrif, have even gone to the extent of claiming that the General had no moral right to lead the country and he should resign from his office forthwith.

    Clearly, peoples’ expectations from the Judiciary have been risen manifold after the judgment. However, keeping in view the track record of the Pakistani Judiciary, the judgment in CJ Chaudhry’s case should be welcomed with caution. It is an undisputable fact that the Judges have never felt any hesitation to legitimise military takeovers in Pakistan. Their judgments in the cases of Maulvi Tamizuddin Khan, Dosso, Begum Nusrat Bhutto, and Zafar Ali Shah have shown consistent support for dictators. They not only provided constitutional cover to the unconstitutional acts of General Ayub Khan, General Ziaulhaq, and General Pervez Musharraf but also eulogised them as heroes and ‘saviours of the nation’. The only time the Judges gave a verdict against the Generals was in the case of Asma Jilani when they declared General Yahya Khan as a usurper and his rule as illegitimate rule. However, this judgment was delivered after General Yahya Khan’s fall from power. One of the main reasons for the anti-Yahya judgment in this case was the humiliation and harassment of almost all the Judges of the superior courts by General Yahya during his regime.

    If we look at Pakistan’s constitutional history, we can see that right from Chief Justice Muhammad Munir to Chief Justice Iftikhar Muhammad Chaudhry, most of the Judges of the superior courts of Pakistan have always decided in favour of the Generals in crucial constitutional cases in depriving the country of constitutional democratic governance. Their relationship with the Generals goes smooth as long as the Generals treat them as equals in power. However, the psyche of the Generals is such that once they are settled in their ‘usurped’ offices, they try to demote the Judges from the level of equals or partners to the level of courtiers or subordinates. This is when the relationship between the Judges and the Generals becomes uncomfortable. This was the main motivating factor in the case of Asma Jilani.

    Chief Justice Iftikhar Muhammad Chaudhry was appointed as a Judge of High Court by President Ghulam Ishaq Khan in 1990. General Musharraf appointed him as Chief Justice of Baluchistan High Court in April 1999 and elevated him to the Supreme Court February 2000. He was appointed as Chief Justice of the Supreme Court by General Pervez Musharraf on 30 June 2005. The two had been meeting regularly, more on an unofficial level than on the official one, before the present constitutional crisis that erupted on 9 March 2007. The main reason behind General Musharraf’s act was his distrust of the Chief Justice. While Justice Iftikhar Muhammad Chaudhry continued to meet the President to show him that he was a reliable judge, his verdict in some of the cases against government spoke otherwise. Had General Pervez Musharraf understood the psyche of Judges, there would have been little cause for worry: as every General wants to be seen as rough and tough, every Judge wants to be seen as impartial and independent.

    General Pervez Musharraf’s distrust of Chief Justice Iftikhar Muhammad Chaudhry was unfounded. What the Chief Justice and some of his colleagues wanted to show in their judgments against the government was that the Judiciary was independent in Pakistan. However, General Pervez Musharraf failed to realize this fact. He panicked and acted hastily and irrationally by first summoning the Chief Justice to the General Headquarters (GHQ) of the Pakistan Army and then by suspending him from his office and sending a Reference against him to the Supreme Judicial Council. The Judges were pushed to the wall and they were left with no other option but to proclaim their own independence and that of their institution, as they did unanimously on 20 July 2007, by declaring their Chief Justice’s suspension as illegal. It is clear from this judgment that though the Judiciary is not as organized as the military, but the Judges will always stand together whenever the independence of their institution is brought into question, especially before the public.

    Therefore, the judgment of the Supreme Court of Pakistan in Chief Justice Iftikhar Muhammad Chaudhry’s case delivered on Friday 20 July 2007 needs to be welcomed with caution. The lawyers and their leaders, as also human rights activists and workers of political parties and their leaders who supported Chief Justice Iftikhar Muhammad Chaudhry, deserve congratulations for successful outcome of their struggle. The Judges, led by Justice Khalilur Rehman Ramday, also merit appreciation for showing unanimity in asserting the independence of their institution.

    The judgment in the instant case made it clear that Chief Justice Iftikhar Muhammad Chaudhry’s suspension was illegal and the Presidential Reference against him was malafide. In other words, President General Pervez Musharraf and his aides and advisors acted in flagrant violation of the Constitution by exposing themselves to Article 6 of the Constitution. However, the Judges, for the reasons best known to them, said nothing about invoking Article 6 against the people who attempted to breach the Constitution. Therefore, it would be too early, if not very unwise, to interpret the Friday’s judgment as beginning of a new era in the constitutional politics of Pakistan. It will be only when Judges do the crucial job of declaring a military ruler as a usurper while he is still in office that the people will be led to believe that the Judges had perhaps disassociated themselves from the Generals.

    The writer holds a PhD degree in Constitutional Law from Brunel University, London. The topic of his research thesis was: “Unholy Alliance: The Politicization of the Judiciary and the Overthrow of Constitutional Governance in Pakistan

  61. Viqar Minai says:
    July 21st, 2007 3:03 pm

    **
    This is great news! I hope the govt. accepts the decision gracefully and “some heads roll” as a result.
    **

    H’mmm… very interesting! I hadn’t thought of it from
    this angle but, now that you mention it, it seems that the Taleban are “graceful” people after all …

  62. KAWA1 says:
    July 21st, 2007 5:37 pm

    I was appalled to hear all the wise guys on Geo talking about the CJ now showing grace since Mush and Aziz showed grace by accepting the judgment!

    That is the biggest “BS” I have ever heard of. People sacrificed their lives to get this man back to lead the bench. stand up and fight for the rights of people, restore our constitution, get this mad-man out of office by opening doors for all politicians, rule on his uniform and the list goes on and on…

    If he shows grace, then the man can go to hell and he was nothing but a scoundrel out to get his seat back (ONLY).

    Grace is one thing that has raped this country because the Bhai culture, baradari culture, pind culture… is nothing but showing grace to each other having common purpose…

  63. MZ Khan says:
    July 21st, 2007 5:50 pm

    KAWA1, please understand that Judiciary is weak in Pakistan and the current decision will not make it strong in one day. CJ needs to take his steps carefully if he is to get judiciary to a position of strength. Call it grace or whatever, but he is wise to not do a head on collision, and so soon after the decision, with arm forces who as we know are complete capable of any stupid thing that is possible.

  64. July 21st, 2007 6:41 pm

    Lets see who will be rolling

    In my view its easy for musharraf to roll Wasi ‘Dafar’ and Arbab ‘Ghulam musharaf’ :)

  65. Kruman says:
    July 21st, 2007 6:41 pm

    A belated congrats to all Pakistanis. Pakistan was the ultimate winner yesterday after the historic verdict.

    This is also to let fellow bloggers know that I’ll be fading into retirement now. The ship of democracy and freedom has set asail, in due time it shall arrive.

    I was also fortunate to have the means to play a small, insignificant part in this historic campaign of the lawyers by uploading speeches of the CJP, his lawyers and relevent clips from talk shows on youtube. (http://www.youtube.com/kruman17)

    Adil I’d recommend adding some video clips to this post. Here are a few you may want to grab:
    http://free-pakistan.blogspot.com/2007/07/cjp-reinstated-by-supreme-court.html

    I have been tempted several times to jump into the fray, most recently to the aid of my friend Kawa1. But I’ll desist, blogging sucks you in like quagmire :)

  66. SafdarA says:
    July 21st, 2007 7:09 pm

    This ruling is definitely historic but what depresses me is that it took our judicial system 60 years to wake up and do what they are supposed to do. Where was our justice system when Zulfiqar Ali Bhutto was being tried in 77-79, or when thousands of people were being murdered/killed in Karachi during 80s and 90s – in extra judicial killings or in suo moto action by political parties. Where was our judicial system when Fatima Jinnah alleged rigging in elections against Ayub Khan. Our judges failed to provide justice to Quaid-e-Azam’s sister? I think our judges and judicial system is as responsible as are our generals and politicians for leading Pakistan to such a tensile state.

  67. symk says:
    July 21st, 2007 10:36 pm

    The real test of our judiciary will soon come when Musharraf’s uniforms and exile of Nawaz Shareef will be challanged. CJ’s lawyer Tariq Mehmood rightly said that so far the judiciary has successfully protected their chief but it will be interesting to see how they decide important cases pertinent to the people of pakistan. This struggle is far from over it is just the beginning. I am hoping for Benazir to strike a deal with Musharraf so that she loses public support and taint her image for good. There are strong rumors that Aitezaz Ahsan is also resigning from PPP and will either join PMLN or go as an independent,whichever political party he joins it will be a great boost to that party (I hope it is tehreek insaaf)

  68. Sohail says:
    July 22nd, 2007 3:03 am

    Thanks Kruman…..

    One reason to come back to the very important topics on ATP has been your name associated with your effort in recording and downloading the crucial updates on the topics in the media that lot of people like myself are unable to track.

    My suggestion would be not to retire but take a holiday and then come back with a new vigour. Or channel your blogging energies into creating an easy to find indexed archive of all those links.

  69. Viqar Minai says:
    July 22nd, 2007 3:23 am

    I was dismayed to read Justice(r) Sajjad Ali Shah’s article in the “Editorial” section of daily DAWN, dated 7/21/2007.
    The judges in our supreme court are fallible humans, not saints. And those in the govt are always on the prowl to exploit opportunities. No administration, current or in the past, is blameless in this ignoble quest. Beware the slogans of today’s champions of the independence of judiciary.

    Perhaps there is need to put a leash on excessive exuberance at the CJP verdict:

    http://www.dawn.com/2007/07/21/ed.htm#3

    See also:

    http://www.dailytimes.com.pk/default.asp?page=20077\22\story_22-7-2007_pg7_19

  70. Sohail says:
    July 22nd, 2007 3:23 am
  71. July 22nd, 2007 11:37 am

    We have added a video and a new picture at the top of the sidebar (which will be there at least for the next many hours). The video is worth watching. The BBC documentary and the following clips show scenes of the lawyers movement as it evolved. Provides uplifting flashbacks.

  72. S_214 says:
    July 22nd, 2007 2:35 pm

    Judiciary is independent.

    Judiciary rulings are not necessary liking of public or disliking of public. They just follow the laws and interpret the constitution. They cannot force any laws or cannot even change constitution.

    Tomorrow assembly with two-third majority could curtail any power that Supreme Court has. As long as a party has two third majorities in assembly, their parliamentarians can change constitution and can make Chief Justice even subordinate to local councillors if they want to. Supreme Court of Chief Justice cannot do anything about that. Judiciary does not have any teeth, but they can only direct executives to implement what they direct (according to constitution and laws of the country). When Supreme Court gives a verdict, executives implement those verdicts using police.
    .
    Suppose executives do not want to implement Supreme Court verdicts, judiciary may request army to act against executives and force executives to get their verdicts enforced.

    Now, suppose if army (or those who command army) do not listen to Supreme Court, or even decide to act against Supreme Court, what force does Supreme Court have to get their verdicts enforced? What is the enforcing power Supreme Court has that can stand in front of other powers, like armed forces?

    For instance in Malaysia, when government wanted to get rid of Chief Justice, many judges sided with Chief justice, so what happened? Government did not just sent Chief Justice home but sent all those judges home who sided with Chief Justice.

    So, should not one appreciate those that accept verdicts against them, even when they have brute force under their command? Lest, they go berserk and start using force to get their ways? As for people, most do not come out when things go tough and even if they come out, what power they have against dictator. Though, in context of Pakistan I believe that if there are many against government, there are many pro President and government too.

    What people think here?

  73. mazhar butt says:
    July 22nd, 2007 5:34 pm

    Judiciary cannot be independent until and unless :
    1. Judges cease to appoint judges
    2. Judiciary is not allowed to handle its own finances
    3. Corruption and malpractices at lower courts are checked
    4. Accountability is also established for magistrates and judges
    5. Speedy justice is ensured
    6. More judges are appointed to fill vacant seats
    7. Lawyers are brought to account for various professional and unethical excesses
    8. A limit is imposed on the fees of lawyers
    9Lawyers are prosecuted by the executive for non-prosecution, double dealing and champerty,etc
    10. Judges are guaranteed to work for life without fear of being ousted unless removed due to contingencies such as are prevalent in the United States, or the UK
    11. Tribunals and Special Courts are not allowed to operate beyond a certain fixed period
    12. Lawyers should be eligible for atleast grade 17 and authorised to attest documents

  74. Akif Nizam says:
    July 22nd, 2007 9:36 pm

    Geo is reporting that Attorney General Pakistan has resigned and the Secretary of Law has been fired. Wasi Zafar, however, refuses to go despite calls for his resignation.

  75. muhammad ismail says:
    July 23rd, 2007 6:19 am

    i am very happy on the decsion of SC of pakistan. they have restored the CJ with honour and dignaty as CJ of pakistan. it is histrical movement in pakistan. now it is moral duty of prisdent to leave the all posts and have a normal life as pakistani. he is not capable to sit on prisdent of pakistan seat. thanks GOD that now we have independent judichery in pakistan. good luck to all pakistani

  76. MZ Khan says:
    July 23rd, 2007 9:29 am

    Justice Javaid and Justice Dogar (the two pro government justices – oh how I despise using this word for them) are dealing with lal masjid issue. If they do well it will cause problem for government, if they don’t, they’ll be blamed for letting down justice and the public.

    Good move CJ. :)

  77. S_214 says:
    July 23rd, 2007 11:01 am

    I am very surprised that Supreme Court have done nothing about allegations against Ch Iftikhar.

    The best some comments came was that these allegations are too old or that others were involved in similar irregularities. If that is the case than crime even murder done should be considered spent if a person get away with it for some years, or that one can defend oneself saying that since other are free so why I am not?

    From the verdict of Supreme Court, it seems that … from now, people can do nepotism and corruption in Pakistan and get away … as if CJ himself is involved in nepotism, corruption and misuse of power, that means courts could not give any punishment to people involved in such things.

    Allah save Pakistan.

  78. mazhar butt says:
    July 23rd, 2007 2:22 pm

    The government lost its case to CJ due to false affidavits submitted by its functionaries. This fact overshadowed the whole case and the CJ gained from the benefit of doubt. The false affidavits also falsified the charges against CJ and the evidence was flimsy. All this led to ‘emancipation’ of the CJ.
    The CJ will be facing even harder times in due course. Infact, the tussle between the military or the executive and the judiciary will aggravate and I doubt if the unarmed judiciary will ever be able to overcome the brass.

  79. Kruman says:
    July 23rd, 2007 4:37 pm

    Without trying to diminsh the judiciary, this battle was really won in “awam ki adalat.”

    Brilliant strategy by Aitzaz to take their case before the people first. They first got the verdict from the street and then went to the supreme court with a verdict of 16 crore awam in their hand.

    The CJP could not have found a better group of lawyers than Kurd, Muneer, Aitzaz and Hamid Khan to plead his case before the people. Kurd used the occasion of the SC seminar on May 26th brilliantly to deliver a staggering blow to the military dictatorship. It was such a strong punch that the general had no option but to ban live coverage of CJP’s visits.

    While it was only Aitzaz doing the the talking in the supreme, Muneer, Kurd and Aitzaz were all rousing the sentiments in the streets.

    This is a key point that had been omitted in the original post and the messages. The case was really won in the people’s court. The SC merely confirmed the verdict of the people.

  80. Lahori says:
    July 23rd, 2007 5:03 pm

    Good point Kruman. This really was a people’s movement. I guess the judges get credit for neither defying the will of the people nor bowing to the will of the government but the real credit is to the lawyers movement as the post says

  81. Kruman says:
    July 23rd, 2007 5:15 pm

    Thanks for the nice finish Lahori! I had understated the role of the judiciary a bit only to emphasize the fact this was case fought first in “awam ki adalat”.

    The juduciary deserves all the praise and accolades it is receiving from the masses.

  82. S_214 says:
    July 23rd, 2007 6:34 pm

    Karuman Bhai … Zara sonchyain

    If case was decided due to public pressure (that is what it is: Awaam kee adaalat) than I think that those Supreme Court judges does not deserve to be judges. Judge that do not do justice but come to pressure from public does not worth to be called judge.

    Just imagine that if in India a hindu kills a Muslim and in arose becomes public hero (for whatever reason) than if judge gives verdict on basis of his support from public, where did the justice gone?

    Just imagine, none of the allegations in the reference are as yet refuted or answered. There is no such thing in judgment that CJ has not done nepotism, corruption, or that he did not misuse power or that he is not guilty of doing irregularities in office.

    Obviously, handling of reference and treatment to CJ was wrong … but then, what I know, reference was nothing to do with handling or treatment (to CJ), it was to do with allegations (on CJ) and was there in reference’s content, that CJ was guilty of nepotism, corruption, misuse of power and other irregularities related allegations.

    I think that if CJ is really a person of dignity and integrity, if CJ has any morality and self-respect, he should not stay in office with all these allegations on him pending. He should voluntarily go on leave, and ask SJC to continue the enquiry on him. If SJC finds him guilty of those allegations, CJ should resign. Else history would remmeber him as not chief justice but corrupt justice.

    Don’t you think so?

  83. Kruman says:
    July 23rd, 2007 7:45 pm

    S_214,
    The documents in support of the reference you talked about were thrown out by Justice Ramday. Infact the advocate on record had his license suspended. Justice Ramday remarked that even the “ghatia-tareen” people don’t submit such record to the supreme court.

    I do partially agree with the first part of your argument though. Technically, “qanoon andha hota hay.” But that is so in a democratic society, not under a tyranny.

    In this case though the judges had the courage to resist govt pressure and to decide the case on merit. This was only made possible after lawyers rallied the masses on a single slogan of “supremacy of law, and not the supremacy of the army.” I guess you need such measures when a man with a gun in his hand assumes the position of the president. At that point it is pointless to talk about consitution, freedom, democracy. Then the law of the land becomes, “might is right.”

    Feel free to critique. However, I rest my case here, I am not arguing any more.

  84. KAWA1 says:
    July 23rd, 2007 9:56 pm

    I came across an interesting letter written by the heir to the throne, Bilal Musharraf subject “He had no Choice”. See below;
    {My question to Bilal is simple; Your father has zero credibility, today 16 crore people of Pakistan are dead-set to make him exit . He has a choice now and it’s not hard to understand. Get out!

    He had no Choice!
    Bilal Musharraf October 14, 1999

    A personal perspective on the suspension of parliament

    My father is a self-made man and I wish to state this up front that he has made a conscious effort to never abuse his influence for personal gain. I say this unabashedly and as a matter of knowing that he has a reputation of being thoroughly professional. My immediate family has made do with the income of a military officer and there have been no complaints. There is only relief that he has made it this far without compromising his ethics. Both my sister and I are married and settled in our own lives. Today, he is the Chief Executive of Pakistan.

    Allama Iqbal, what happened to his vision? Why don’t most Pakistanis understand his philosophy any longer? Jinnah Sahib, why did he burn himself out and leave such a bunch of self serving individuals to govern behind him? How could we continue a state of misgovernance for FIFTY-TWO years? Why hasn’t there been a single person who has been able to introduce fundamental reforms? How long can the teeming majority of unemployed and impoverished be ignored? How can we even begin talking about the ‘quality’ of life, when we fail to address the fundamental ‘sanctity’ of life. ‘Sanctity’ of life to me being physical well being (law and order) and healthcare (infant mortality, birth control, disease control, longevity). ‘Quality’ of life being education and higher ideals and philosophies for society to live and govern by.

    The developing world better prepare itself for what is about to hit it within the next decade. They say that 97 percent of the world economy will be controlled by the economies geared up for electronic commerce. The difference between the richest and poorest nations of the world is said to have been 1:5 two centuries ago but unbridled commercialism has given rise to a disparity of 1:500. Pretty soon we’ll be dealing with inequities in wealth and resource distribution of a ratio in the order of one to thousands times more between the least developed and most developed economies. Until the day comes when every Pakistani, regardless of ethnicity, sex or religion has an equal opportunity to prosper through hard work, Pakistan cannot be a dynamic and progressive country that can stand its ground in the global competitive markets.

    This day was not envisioned. I never thought there would be such unanimous consensus within the military, amongst the people of Pakistan, and amongst the Pakistanis abroad, behind one cause. The cause being pure and unadulterated REFORMS! I honestly feel that what we are witnessing is the culmination of a collective yearning of the overwhelming majority of a hundred and fifty million people. Democracy is an essential ideal, but let’s look into our souls and understand why it has not taken root. The time has come for introspection for a fundamental change in state and society so democracy can actually blossom.

    What are the options? Back to a fa?ade of democracy in the existing political structure? Satisfying the immediate expectation of announcing a hand picked portfolio of technocrats that would form an interim reform government? Devoting all attention to an across the board accountability?

    Accountability must take place, and bringing in competent individuals to key positions is a decision that should not be taken in haste. Time WILL reveal the sincerity of purpose of individuals in question and actions will speak louder than words to give each of us confidence. I have one request though, and I would not say this if it was not absolutely crucial at this time. Pakistanis, wherever they are abroad, need to understand that this is a very unique point in Pakistan’s history. We need to make the world appreciate the context in which the much needed reforms will be undertaken.

  85. Kruman says:
    July 23rd, 2007 10:22 pm

    I don’t know Bilal, I am sure he is a fine honest man. He should be kept insulated from the critique of his father.

    If anything, to me this is an article from a lovings son’s heart who believes his father to be a good man. While I don’t agree with the contents (especially after the last 8 years), I can appreciate the emotions and feelings in the article.

    Pervez Musharraf needs to read his son’t letter and evaluate his last 8 years in office.

  86. S_214 says:
    July 23rd, 2007 10:25 pm

    hmmm … when all those allegations on CJ were left un-answered, what does that mean? It only means that allegations were true. Now, if SC thinks that allegations were ghatia, they should not have stopped the investigations, as SC should have though of getting CJ name cleared of ghatia allegations, that can only happen after investigations. Hence I could not understand that on one hand SC declared those allegations as ghatia and on other hand, stopped investigation. So, what message SC want to give to the public?

    I think that CJ post is a prestigious post. CJ on this post should not have allegations of being involved in ghatia things. Thus, for the intigrity of such presigious post, CJ name should get exonerated.Thus, SC should not have stopped the investigation. I could not understand that if CJ was not guilty of all those ghatia allegations, what was wrong in getting it investigated and clear CJ name from those allegations?

    Obviously, a tarnished name has to get cleaned, and the best way to get tarnished name clean is investigation. If someone alleges that I have stolen their pen, I would put my hands up and would ask them to check me and investigate as much as they want, even check all my pockets and properties for their pen. Not because to prove that I did not stole the pen, but because I wont like such ghatia allegations getting stuck to me. … well, unless I am ghatia and dont mind that ghatia allegations get stuck with my name and I get known as Qalam-choor.

    It was not Pakistan government or President that made those allegations on CJ, but it was those who are not in government, like Naeem Bukhari. As for CJ, he was President man and President himself made Ch Iftikhar CJ of Pak. After allegations, there were argument going on that President man (ch Iftikhar) is corrupt.

    If President Musharraf was dictator and would have used brutal force, I dont think that CJ (or even SC) would have got any chance to do anything. What judiciary can do against army or even against executive? Nothing.

    As for public support, the truth is that, in 1977 Pakistan population was 40 percent of what it is now, still there were large number of people on road against Z A Bhutto, such that most cities were given to army to control.

    Today, all opposition was behind CJ and probably some from government side too. Media that has expanded a lot during last 8 years were completely with CJ. Still, everything was manageable. Not a single city was given to army for control, because only manageable people were out on street against government. If that is the strength of combined opposition along with CJ supporters, against President Musharraf and government, I do not think that it should cause any disturbance in sleep of people in power.

  87. Abdullah says:
    July 24th, 2007 12:14 am

    Please read the letter of Kashif to CJ at the Occasion of his restoration!!!

    http://kashifhafeez.com/mazameen_large.php?path=2007-07-23&img=kh_articles/large/2007-07-23.gif

  88. S_214 says:
    July 24th, 2007 7:00 am

    Anyhow, I like many of the steps Ch. Iftikhar has taken during his time as CJ (other than demanding undue privileges). I hope that future would be good, as hopefully no one from judiciary would expect undue privileges from executives other than entitlement.

    Further, I hope that that in future judiciary would not let go executives if they break any laws or break constitution. I also hope that Ch Iftikhar must have learned that wrongdoings do not pay, as even if one may get away with it, it get stuck, as it has got stuck with the name of BB, AAZ and NS. Thus, I hope that in future judiciary under Ch Iftikhar would do his best to punish corrupts, be they prime minister, and would not tolerate corruptions in Pakistan.

    I hope that army generals (with brute force under them) would make sure that no one can put wrong pressures on judiciary and that they would put their weight behind judiciary or executives, whoever is doing their duty honestly and not overstepping.

    We should remember that whoever may rule the country, the biggest pariah of Pakistan is corruption, as that stops country developing, progressing and bringing a better life for poor of Pakistan. Pakistani corruption is not like corruption in rich country. As corrupts in rich country do not move their money abroad and thus that money still work in the country. Pakistani corrupts buy mansions in UK and other places, and keep their money in Swiss or offshore accounts. Their corruption cost Pakistan in many ways that includes flight of Pakistani capital abroad stopping developments as well as increasing misery to poor.

    Hence, I hope and pray that whatever way CJ got restored, right or wrong, he would do good for Pakistan and would stop all sort of wrongs, including influential getting their children admissions in Pakistani educational institutions against merit or that influential getting jobs for their children using their influence. Or that influential misusing their power and using facilities beyond their entitlement. Hope that reinstating CJ on his post was good for Pakistan. Let keep our finger cross and hope for the best for Pakistan, and pray for that whatever happened bring good for Pakistan. InshaAllah

  89. pindiwalla says:
    July 24th, 2007 7:04 am

    Can’t believe they let this thug of a Supreme Court justice back in… does any one know when is tenure is up and he can be ceremoniously shown the door once and for all…

  90. MZ Khan says:
    July 24th, 2007 7:14 am

    He is around till 2011

  91. S_214 says:
    July 24th, 2007 2:23 pm

    After seeing actions filled drama in support of CJ, an everlasting impression of Pakistani lawyers got imprinted in my mind. Some impressions that amused me at times and horrified me at others, shows why people consider lawyers children of Shaitan. I would always remember:

    Chaudhry Aitzaz Ahsan: Devilish smile with crooked mind and devious plans, enough to stir storm in a cup of calm water.

    Ali Ahmad Kurd: Action actor with fiery rhetoric, enough to make mouse behave like Rat.

    Wild lawyers: behaving like pack of loose dogs, abusing anything around them in most horrid ways.

    A poet has truly described layers in most appropriate way:

    Paida hua wakil tou Shaitan nay kaha
    May bhie aaj Sahib-e-aulaad hou giya

  92. CJ says:
    July 24th, 2007 7:01 pm

    S_214
    Compared to the side you support, the lawyers you name in your mischievous comment are literate, articulate, loyal citizens and most of all respected in all the four provinces in Pakistan.

    Anyways, your comment is not worth responding to..

  93. CJ says:
    July 24th, 2007 7:05 pm

    P.S.

    Accept that Mush has no face left after this judgment. Like him at least try and take this historic victory of “Pakistani Awam” in good grace… even if you have to fake it (like him)!!

  94. Kruman says:
    July 25th, 2007 12:19 am

    Dear Sohail,
    Thanks for the kind words. I am still blogging here as you can see, ATP is the blog of choice for Pakistanis.

    You are also welcome to visit the blog started by Kawa and myself at:
    http://free-pakistan.blogspot.com
    It is called “Democracy and Freedom”.

  95. auk says:
    July 25th, 2007 1:44 am

    I couldn’t help posting it here. From today’s “The News”. Anyone else notice the absolute silence on the part of the government after the verdict, hoping that the storms to follow will go away without hurting them.

    President need not resign after SC verdict: Qureshi

    By By Ahmad Noorani

    ISLAMABAD: The Presidency on Tuesday said that President General Pervez Musharraf would not resign against the backdrop of July 20th landmark decision of the Supreme Court of Pakistan.

    President’s spokesman Maj Gen (retd) Rashid Qureshi told The News that Musharraf had no role in the framing of the reference against the Chief Justice. He argued that the president had acted as a constitutional conduit. Qureshi was asked if the president would step down following the reinstatement of the chief justice after the Supreme Court had quashed the reference filed by the president.

    Qureshi explained that the president was never a party to the matter. He said that the reference was prepared by the Ministry of Law. “It was further analysed by the Prime Minister Secretariat and was forwarded to the Presidency after they found it valid,

  96. Viqar Minai says:
    July 26th, 2007 12:20 am

    @KAWA1
    I agree that Bilal has no claim on the heir to the throne. That seat has already been locked up by Bilawal; next in line are the sons of Ch. Pervaiz Ilahi and Ch. Shujaat Hussain.

    @pindiwala
    What is the basis for refering to this CJP as a thug?

  97. MJ says:
    July 31st, 2007 3:20 am

    CJ was reinstated by SC. Was it really a Historic Decision or are we missing something????

    read details at:
    http://aj-ka-pakistan.blogspot.com/2007/07/cj-iftikhar-case-historic-decisioin-or.html

  98. Akif Nizam says:
    August 3rd, 2007 9:36 am

    The News is reporting that the Supreme Court has ordered for an immediate release of Javed Hashmi.

    Is this for real? Can this really happen in Pakistan? I’m so skeptical about Pakistani institutions that I cannot believe when something good happens.

  99. MQ says:
    August 3rd, 2007 10:07 am

    Akif,

    Yes, this is the second good news coming out of Pakistan in the recent weeks. The first being the reinstatement to the chief justice. This would not and could not have happened without the memorable lawyers’ movement for the supremacy of the judiciary.

    The High Court and the Supreme Court judges also need to ask themselves why Javed Hashmi had to spend 4 years in jail? Why did they remain silent until now?

  100. Akif Nizam says:
    August 3rd, 2007 12:04 pm

    MQ, make it three good news with regard to the SC:

    KARACHI, Aug 2: The Supreme Court warned the Karachi Electricity Supply Corporation on Thursday to streamline its working or face suo motu notice over the situation created by frequent power breakdowns.
    KESC operations director Jamil Gul called on the members of the bench in chambers on Thursday to explain the situation. He was told to rectify the faults in power supply and distribution and warned that the court would have to take suo motu notice if it failed to improve its working.

  101. Adnan Ahmad says:
    August 3rd, 2007 2:38 pm

    Bench comprised of Iftikhar Chaudary, Bhagwan Das, Faqeer Khokhar.

  102. basit says:
    August 30th, 2007 11:34 am

    Lets not get ahead of ourselves. As someone who was part of this movement from the beginning I think the results of yesterday are far reaching.

    The movement was never about ending all ills but t0 free the judiciary

  103. sindhi says:
    October 22nd, 2007 4:16 am

    do something of mushrif

  104. November 7th, 2007 5:39 am

    slamz i think cj is a very brave man hae has taken a very bold step along with his bench i want to slaute all the judges who have not taken oth under pco & in last i want to say some thing
    GEO JUSTICE IFTIKHAR SHAME SHAME MUSHARAF

  105. December 19th, 2007 2:06 am

    But now the Iftikhar Chaudhry is retired by force.

  106. AZHAR says:
    March 26th, 2008 5:39 pm

    I am glad that lawyers announce that they will wait for new govt to take action before they restart any campaign. Lets see if the new govt will live to their word.

  107. Altaf M Najmi says:
    April 1st, 2008 9:04 am

    GO Musharaf Go
    I have an obtain for Retd General Parvaiz Musharaf
    As per Pakistan Constitution we have obtion of referendum, ask people of Pakistan They want Brutal Musharaf or chef justices of Pakistan His Excellency Iftakhar Mohamad Chaudry
    Altaf Mahmood Najmi
    AL-Khobar, Saudi Arabia
    00 966 55 187 62 74
    altafnajmi@hotmail.com

  108. May 4th, 2008 4:25 am

    I only ask the question since from 1947 how people in following fields played their role honestly ,sincerly,and petrotism???………..1.judiciary.2.government/administration3….politics4.industry5business6social welfare and so on so forth..please give comments freely without any pressure but not in any way persoal .AMIN

  109. Mohammed yaqoob khan Presedent lakki marwat Bar association (Lal Topi) says:
    May 8th, 2008 12:56 pm

    Though my comments are late but it were saved in my mind because now i found a right place for it .Lawabiding citizen are glade to see the HISTORIC decision.SAD , that majority of people are not Historic one.politicions are lacking political vision.It is the vision which promotes and demotes countries fate. we faced much but still do not understand.Enmies can play with constitution of the state.Loving constitution are the greate one.Means that those honourable Judges are great who did not surrender before the OUTLAW.

  110. Aamir Ali says:
    November 19th, 2008 8:56 pm

    This CJ would still be sitting in his chair, if he had adopted the cautious and slow path of reform after being re-instated. Instead he initiated a political war with Musharraf, and today is again sitting outside, with Asif Zardari as the President of Pakistan (Shame).

    Pakistanis may scream a lot about “judiciary, human rights” and democracy but understand not even 1% what it means.

  111. Zecchetti says:
    November 20th, 2008 10:32 am

    @ Aamir Ali

    Pakistani wanted the PPP back in. The overwhelming majority wanted them knowing that now that Bhutto is dead it would be Zardari would be President. So now that he is here why are Pakistanis crying? You wanted democracy, you got it.

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