Adil Najam
Chief Justice Iftikhar Chaudhry arrives in USA today for a speaking tour, including a visit to the Harvard Law School to receive their Medal of Freedom. One wonders if this is the last hurray for a dying cause or yet another reminder that this is a cause that refuses to die?
On the face of it, Asif Ali Zardari’s elected government has done what Gen. Pervaiz Musharraf’s military government could not. All but the most diehard have given up on the hope for the restoration of Justice Chaudhry. But is the “Justice Movement” also dead?
For Pakistan’s sake, one hopes not.
Chief Justice Iftikhar Chaudhry was, and remains, the face of the Justice Movement. But the Justice Movement was always bigger than him. Those who were mobilized by the movement were mobilized by much more than an ousted judge. Indeed, they were mobilized by more than just a disdain for military rule. Ultimately, they were mobilized by the idea that justice, as a concept, must prevail. That the integrity of nations flows from the integrity of its institutions. That, ultimately, the democratic spirit of a people is always more important than any leader - whether that of a judicial system, that of a military junta, or even that of an elected government.
As I had written way back on March 23, 2007:
Gen. Musharraf himself, and his supporters, view this as a conspiracy against his person. It may not be a conspiracy but his opponents certainly view this as an opportunity to bring an end - or at least seriously dent - his regime. There are, of course, also those who view - or wish to construct - Chief Justice Iftikhar Chaudhry as an arch villain or as a supreme hero. He is probably neither, but as a man caught in the cross-hairs of history he is well aware of the pivotal role that his person plays out in this unfolding saga…
This is not just about what Gen. Musharraf did, not about how Iftikhar Chaudhry reacted; the real story is about how the citizenry of Pakistan reacted. There is little surprise in either the actions of Gen. Musharraf or the reaction of the Chief Justice. The surprise lies in how people reacted - Lawyers on the street, media in their newsrooms, bloggers in bloggistan, and ordinary citizens everywhere in their thaRRas, drawing rooms, email lists and everywhere else.
That is ultimately what matters. If this spirit can be sustained then the future of democracy in Pakistan is secure; whether it comes with or without the current setup… This has been Pakistan’s democratic moment; that I find it to be a moment worthy of celebration because it signifies that trapped inside an “undemocratic state” lies a vibrant and clearly “democratic society.”
We remain, I believe, a democratic society. We now also have an elected government. But it is not yet clear whether we are a democratic state. If we are ever to become one, then the Justice Movement must never die.
P.S. The video above is a GEO TV production based on Aitizaz Ahsan’s poem Kal, Aaj aur Kal which he had written while under house arrest. Whatever poetic merits the poem might lack it is an immensely powerful and honest political statement. So is this video. Both are powerful not only because of the sense of history that they embody, but also because of the hopes of the future that they embody.
I personally exactly feel exactly as Mahwish stated this is our country and without us it cannot be where we dream, for it to be. I think now it is time for action. This patriotism that we all seem to be so proud to show off but when it comes to doing something worth while for this land we are too scared to even get out our shed of protection.We all now have to wake up dreaming time is up.
The Executive wanted to dismiss the Chief. He arranged for a new straw chief to take the oath of the office. The Chief responded by standing firm and flew straight in the face of tyranny. His defiance was at the risk to his own life, liberty and property.
In the unfolding drama, Pakistanis everywhere could see a desperate but naked grab for power. They rallied for and around the chief and denounced the tyrant.
The year was 1999 and the chief was General Pervaiz Musharraf.
Did you expect another chief?
The general issued the dismissal. Posted police outside the residence. Posted police outside the court with strict orders to make sure the dismissed cannot get to the court for relief. Nevertheless, the petition did get filed and a non-Muslim Justice agreed with the dismissed. A history was made and quoted in the books about jurisprudence.
The governor general was Ghulam Muhammad and the year was 1954 when he dismissed the first constituent assembly on the grounds that “The constituent assembly being power hungry and having a tendency of being corrupt.” The non-Muslim justice was Cornelius.
Did you expect another general?
Whereas there has been increasing interference by some members of the judiciary in government policy, adversely affecting economic growth, in particular; (Emergency Proclamation, 2007)
Any pattern?
The struggle for justice for the modern Pakistan began with that single event. Moulvi Tamizuddin (a Bengali Pakistani) was the speaker of the constituent assembly. He challenged the dismissal (rode a rickshaw, wore burka and went through Sindh High Courts backdoor) and SHC agreed with him. The infamous Munirs Supreme Court created history by using the theory of “Doctrine of necessity and set the long struggle in which The CJ of Pakistan is the newest cast.
This decision has been the basis of all autocratic pronouncements in Pakistan. Every Legal Framework Order, every Provisional Constitutional Order has roots in it.
The judiciary of Pakistan has flaws. The judicial process is tiled for the powerful (not necessarily the rich, for if you are on the wrong side of the powerful, you know what you are going to get.). The War of the Benches that Justice Shah played spilled another of the flaws of the judiciary in Pakistan. The backlog of cases on 14th November 2008 remains 17,040 cases. It will take years to dispose them.
I thank The CJ of Pakistan who was joined by 15 Justices and 49 judges of high courts refused to take the PCO oath. The breakdown is: Supreme Court: only 4 justices out of 19 took oath. In Punjab: 13 of 31 judges took oath. In NWFP 5 of the 13 judges took oath. In Sindh High Court, 4 judges out of 27 took oath.
This too is unprecedented in the annals of jurisprudence.
These judges took risk with their lives, liberty, property and their progeny. (I hope people appreciate, they have put on line the education and careers of their children. In Pakistani calculus, there is no higher stake.) Together, these brothers, gave a lesson in civics and the judicial process in Pakistan.
The march towards equity and justice is neither easy nor absent of flawed characters.
Miles to go before we sleep.
Pakistan Zindabad
Pakistan Paindabad
Even i agree with Anum, that giving up is not the solution, but we need to also see that this whole cheif justice situation has been prolonged and a little mis used. i feel that even this excuse is now being used by the opposition party just to make thier own standing strong!
The lawyers movement is dying politically and in the public. Only the media is keeping it alive, and the non-coverage the CJ received on his visit to the US is a further blow.
The youth of the country should reflect on how their emotions got played by the politicians, with the shameful result that Asif Zardari, an uneducated crook is now your President.
Its very sad that this situstion has been so dragged and no solution has come out of it, well i guess that always happens, “slow n steady win the race”, so one should not loose hope and keep striving and struggling in such times. and i second both sara n kiran on it! like gandhi said,” be the change, you want to see!”and jinnah said, “united we stand divided we fall”
I just read kiran’s comment and I feel that someone in this country has taken the action for justice. One should support them because they are working for a cause and an optimistic approach is step toward betterment of our country.
I believe that the youth is aware of situation of our country therfeore they are sick and tired of the whole sitaution.The movement is not going any where,it has rather become a stretch.But all one can do is just wait around for things to be resolved.
Mahwish says in her comments that optimistic approach is all we need but our country needs more than optimistiam.
The optimism that coldrain; November 21st, 2008 12:18 am has shown in his comments is really refreshing to read. But the fact remains that the majority begs to differ and this really saddens me. All this situation has done is intensifying their fears and lack of trust in our law enforcers to ten folds. But I too feel that the youth will have to be more aware of whats happening around them and will have to take ownership of their country. I myself am optimistic and believe that the movement will help us at least, make us realize that this is our country and without us it cannot be where we dream, for it to be.