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.
Public opinion has started shifting against the Chief Justice after three affidavits were filed by government officials:
http://www.app.com.pk/en/index.php?option=com_cont ent&task=view&id=10336&Itemid=2
http://www.app.com.pk/en/index.php?option=com_cont ent&task=view&id=10333&Itemid=2
http://www.app.com.pk/en/index.php?option=com_cont ent&task=view&id=10330&Itemid=2
Most, people I talked to recently said that he is as bad or worse than the current leadership.
The majority opinion was that there are issues in the government affidavits but with all the proof provided almost everyone has concluded that the Chief Justice had lied in his affidavit.
People have lost faith in the revolution that the media and political parties were promising.
I think we should be more careful declaring people as heroes.
Under the prevailing political and judicial crises, the following words of Lord Macaulay may perhaps serve as a source of good advice for the different organs of the country.
Our rulers will best promote the improvement of the nation by strictly confining themselves to their own legitimate duties, by leaving capital to find its most lucrative course, commodities their fair price, industry and intelligence their natural reward, idleness and folly their natural punishment, by maintaining peace, by defending property, by diminishing the price of law, and by observing strict economy in every department of the state. Let the Government do this: the People will assuredly do the rest.
Asslam o Likum
A message heartedly congratulation for the Great Chief Justice Iftikhar Choudary
In Musharaf meeting mostly persons from Pakistan Military because a lot of people hair cutting matching with Pakistan army soldier but they were in private dress all schools teachers were there, because teachers attendance was in camp of areas they participated with compels I know they not appreciating to cruel Musharaf ,
Fortunately I was visit to in Regional Transport Authority Rawalpindi for a work, but all staff not in Office when I confirm from a peon he told me that all staff have gone to catch Public Vehicles by force.
And a painful situation in city of Rawalpindi/Islamabad when I was visit to Public bus Stops there was heavy crowd of people waiting Public Vans but cruel Musharaf is a Problem..
If Musharaf Say of his success then it would be Shameful.
Please convey My Best Wishes to Great to Chief Justice Iftikhar Choudary
ALLAH bless you brother Chief Justice Iftikhar
KU & NED points kidnapped. MQM in action!
Adnan, I think the MQM should step back on its unfair decision in taking out rally in defiance of the lawyers. As the English proverb goes.”every dog ha its day” MQM should not forget that time doesnt remain ever the same. They experiences this in 1991 during Benazir’s regime. In a way the MQM is trying to commit the same high handedness and atrocities which they committed against it opponents such as MQM(muhajir group) It rightly goes to prove that power corrupts ,,,,,,,,,,and the MQM is by no means ”angellic”