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 Chaudhry (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 Iftikhar 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 removal](http://pakistaniat.com/images/Poll-CJP-s.jpg" "ATP Poll on Chief Justice's removal")
This 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 proud 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.
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 Honorable 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 Honorable 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 HONORABLE 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
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.
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.
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.
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?
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.