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.â€
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.
Dear Dr. Adil Najam,
I am astonish to see support for a person who defied constitution himself many times by taking oath on PCO.
This is sensitive position and we cannot be restoring a person who broke his oath. This is WRONG legal precedent.
Correct way is to remove every Judge who took oath under PCO, and appoint new Judges for LIFE TIME for Supreme Court. That will be legal precedent once for all.
Pakistanis are emotional and will come to street without understanding real context of issue!!
So I am happy that PPP has not restored ex Chief Justice Iftikhar.
I think history will remember Iftikhar Chaudhry as the hero and both Musharraf and Zardari as the losers. Not because he is a better person, but because at the moment when he was tested, he stood by his principles and both Zardari and Musharraf sold their souls.
Perhaps for the lawyers and some supporters, their movement was really about rule of law, but for many others in Pakistan, it was just a way to attack Musharraf and remove him from power. With that objective achieved, nobody cares about lawyers or Iftikhar Chaudhry anymore.
If Democracy is a good thing than so is the lawyers movement, but both have already proven they come with a lot of baggage in Pakistan. The question really is when does the chaos and uncertainty of democratic movements in Pakistan more than compensated for by the growth and maturity endowing effects of institutional coherence, continuity, and popular legitimacy? I think Indonesia was a hopeful example of an ultimately successful transition from Suharto’s dictatorship in 1997 to the stable regular one party democracy it is today. Mexico also evolved this way, but can Pakistan overcome the baggage like Indonesia?
Adil Bhai
Thank you so much for this thoughtful post and keeping the hope alive. Yes, the movement must not die. Here is the schedule for the Chief Justice. For those in the USA I urge people to participate if they can.
16th Nov 2008
Reception at JFK Airport
Please gather outside terminal 4 at 2 pm. The Chief Justice will be arriving at JFK on EK 201.
Community Dinner in NY
Pakistani Community in New York has organized a major community dinner at 7 pm at Paradise East Catering and Dining- 1223 Coney island ave between H & I ave Brooklyn (little Pakistan) New York.11230.
17th Nov 2008
The New York City Bar Association
The Presentation of an Honorary Membership to Iftikhar Muhammad Chaudhry. For his role as Chief judge of Pakistan in defending the rule of law. At 6:00 P.M. with a reception to follow at the House of the Association 42 West 44th Street, New York.
18th Nov 2008
Pakistani Supreme Court Chief Justice Visits Fordham Law
Time: 3:00pm
Location: McNally Amphitheatre
19th Nov 2008
Presentation of the Harvard Law School Medal of Freedom
to Chief Justice of the Supreme Court of Pakistan Iftikhar Chaudhry in recognition of his courageous efforts to
uphold the rule of law. 10:00 a.m. Ames Courtroom, Austin Hall, Harvard Law School.
19th Nov 2008
National Lawyers Guild Event in PA
21st Nov 2008
Prayer at a mosque in NY.
24th Nov 2008
Georgetown University Law Center
(Hotung International Law Building, Room 2001), The address is 600 New Jersey Avenue N.W (not on main campus) Expected time: 6 pm