Adil Najam
The way that the Chief Justice of the Supreme Court was removed was bad enough. But what has happened since then is even more disturbing.
The Chief Justice removed. Media being muzzled. Lawyers protesting beaten up.
One can debate whether Chief Justice Iftikhar Mohammed Chaudhry should have been removed or not, or even whether the way he was removed was appropriate or not. But there is no question that the way the government is dealing with this issue is shameful, distressing, and dangerous.
The shamefulness is obvious in these pictures; just as it was when a young man’s shalwar was taken off as he protested ‘disappearances’ some months ago. It is distressing because it demonstrates the sanctity of our most important institutions – the judiciary and the media – is under stress. It is dangerous because if one keeps slipping down this road then it is not merely the future of this government but that of the entire country that will be at stake.
Whether the lawyers here instigated the violence or not, I do not know. They very possibly did, and that is itself disturbing. But that is not the point. The question is how a society and a state deals with dissent and protest. Once again, the answer is: “Shamefully.”
I do not know who is advising the government on all of this. I just pray that someone is. I hope there is someone who stands up and says:
“Don’t do this.
Please don’t do this.
This is not good for you.
This is not good for the country.
This cannot be good for anyone.
Please – for God’s sake – STOP!”
I wish I had something more profound to say right now. But as I stare at these pictures and this video clip, I hold my head in shame; I am distressed; and I ponder on the dangers before us.
All I can think of right now is: “Allah khair karey!”
(Also see a BBC video report here. All pictures above from BBC website; video from GEO News).ÂÂÂ
Hey Aqil,
I agree with you but please consider this. The CJP has been through hell for the last 4 days (held in house arrest, denied any access to information, pressurized by government bigwigs, mentally tortured and finally manhandled in front of his family.
I mean if any of us was in his shoes, sitting in a politicians car would be the least of our worries. So I think we should not worry about that issue. Lets just pray that he is reinstated as that is the best possible solution for this crises.
However, on a general note I agree with you that there should be amendments for improving the system.
The last line above should read:
“But I am not very hopeful that these questions will be debated enough.”
(addition of the word “enough”)
It has been pointed out in the media that very few judges have faced accountability through this process. What I mean above is that I am not hopeful for these questions to get enough attention to raise the level of discussion to debating possible amendments aimed at improving the system.
This from today’s The News, March 14, 2007
Editorial
A time to step back
The nation finds itself in a singularly unenviable position today. A lot can be debated on who is behind things coming to where they have. For instance, the footage shown on television of dozens of Islamabad police constables literally trying to herd ‘suspended’ Chief Justice Iftikhar Chaudhry into a waiting car so that he does not walk to the Supreme Court building. Or the uncalled for and unprovoked lathi-charge by the police on a group of lawyers holding a peaceful protest in Lahore on March 12. And as if opening a front with the lawyers’ community was not enough, the government â€
Interesting but understandable reaction from politicians. Most are still sitting on the sideline; some are paying lip service but nothing concrete. Mullahs have as usual hijacked the political side to ensure the protest does not go in a direction ultimately undesirable for Army.
It’s very clear that no political party wants a truly independent Judiciary. All have plenty of skeletons, and not even in closet – everyone knows about them. The reinstating of CJ and an independent Judiciary is in the interest of none of the powerful groups. This puts the CJ in a difficult position with no supporter of any real strength behind.
It also shows vast difference between what the politicians want and what public desires. While public hopes for a just system, politicians (all of them) aspire for a system running under their control and which is a threat only to their opponents.
There are also some issues about the behavior of the CJ himself though. He should not have sat in that car brought by that PPP MNA. He should avoid doing anything that can even remotely suggest political partiality. He could have gone with Aitezaz Ahsan and that would have been ok because Aitezaz is his lawyer in the hearing.
Then there are some other questions that should be debated widely. Is the constitutionally prescribed method of appointing the SJC appropriate? How much can members of the judiciary be reasonably expected to hold their own peers accountable? Has this system worked in the past? How many corrupt judges have faced action?
And in the event of a CJ being investigated for corruption or abuse of office, isn’t there an inherent conflict of interest because his ouster naturally creates more promotion opportunities for all his juniors.
But I am not very hopeful that these questions will be debated.