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.
Ayesha, are you sure you are reading the same post the rest of us are?
I don’t see where the post says or implies that the CJ is “somewhere in between a hero and a villain.” Instead, the post is making the point that he is followed exactly because at the moment of crisis he took a principled decision.
I wish people would actually read what they comment on!
Any democratically elected government in any democracy should be wary of judges who have shown a penchant to usurp executive powers and constantly interfere with the routine executive decisions on routine matters ranging from road closings to kite flying. Democracy requires everyone, including judges, to know and respect the separate powers granted by the constitution to each of the three branches of government in a democracy. Unfortunately, Justice Chowdhry has shown repeatedly that he is incapable of that.
People who are honoring him with medals would not want to have him as a judge on any of their their benches, much less the chief justice.
Unfortunately it’s over….Nobody can live after stabs to it heart…The Brutuses of this Caesar are as follows:
1. The democratic government who are nothing but a pretty bad impression of the Musharraf govt…
2.PML (N) who are just guftar ka ghazi
3. But the main stabber has been Aitezaz Ahsan who tried to ride two boats at one time and in the end drowned the CJ and civil movement.
In the end the masses realized that this movement has been another bad dream like the Nizam-e- Mustafa movement of the 70s. There is no use coming to the streets and fight for democracy because there is no difference between the army and usual gang of idiots (politicians). Let’s see when the next clown general will come.
aaye fatiha parihaye
A beautiful article. As a young Pakistani the entire justice movenment has served as an inspiration not just to me but to an entire generation of Pakistanis growing up right now. I sincerly hope that the justice movenment does not die out but as I am something of a pessimist when it comes to Pakistani politics, I unfortunatly think it will. Even if it dies out its light will not be extinguished easily…it will continue to survive in those who took part in or were inspired by the justice movenment. It will be buried but shall resurface at the next great challenge to the rule of law that this country faces and maybe just maybe this movenment shall slowly transform Pakistan. This is a little idealistic but I have my fingers crossed in hope.
oh its over all right….
and it took democracy to kill it…..! reminds me of my favourite comic strip…’Bizzaro’…