Chief Justice Iftikhar Chaudhry Reinstated

Posted on March 15, 2009
Filed Under >Adil Najam, Law & Justice, People, Politics
85 Comments
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Adil Najam

In what is clearly a historic development, the Prime Minister of Pakistan Syed Yousuf Raza Gillani addressed the nation to announce the reinstatement of Chief Justice Iftikhar Mohammad Chaudhry. The address, which was supposed to be at 2AM Pakistan Time, was late by many hours but the subtext was true to the rumors that had been circulating in Pakistan all day:

Here is the full text of the Prime Minister’s speech:

My dear countrymen Assalam-o-Alaikum,

I am speaking to you at a time when our country is standing at a critical moment. No country can make progress without political tolerance and the PPP and lawyers have been together in struggle for upholding democracy in Pakistan. Shaheed Mohtrama Benazir Bhutto actively participated in the struggle of restoration of judiciary was launched by lawyers. Benazir Bhutto wanted free judiciary and supremacy of the constitution.

The lawyers’ movement for restoring of judges was their democratic right. The PPP was shoulder to shoulder with the lawyers in the cause for the independent judiciary.

The slain PPP leader Benazir Bhutto also wanted to reinstate the deposed chief justice.

I have taken all his coalition partners and the President into confidence about the reinstatement of the deposed chief justice once the current chief justice retires on March 21.

The deposed chief justice Iftikhar Muhammad Chaudhry will assume charges on March 21.

Benazir Bhutto wanted free judiciary and supremacy of the constitution.

I order all the provincial government to abolish Section 144 at once.

After consultations with all political forces of the country and President Asif Ali Zardari, we have decided to restore all deposed judges including Iftikhar Muhammad Chaudhry as Chief Justice of Pakistan who will assume charge on March 21. The current Chief Justice Abdul Hameed Dogar retires on March 21. I urge all the political forces and lawyers to work for the solidarity and welfare of the country.

Pakistan Paindabad.

Just over two years after he was first unceremoniously removed by Gen. Pervaiz Musharraf, and having once been restored by the Supreme Court, Chief Justice Iftikhar Mohammad Chaudhry has now been ‘restored’ yet again as the Chief Justice of the Supreme Court of Pakistan. The road from there has been tumultuous. The movement that gathered around him was always bigger than the CJ and it was bigger than those around him. The vindication today is not simply of Chief Justice Chaudhry, it is a vindication of Pakistan’s civil society.



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ATP has covered the ups and down of this story. For some reason one has a sense that this story is not over yet. We have celebrated a reinstatement once before too. And from the PM’s speech it is not clear at all what the terms of the decision really are. But right now one wishes simply to bask in the joyousness of the moment, in the vindication of justice, in the goodness of the news. There is much analysis that is needed, but let us leave that for just a little later.

85 responses to “Chief Justice Iftikhar Chaudhry Reinstated”

  1. i love pakistan , i love islam , i want to say a lot but the words are so short , i beleieve in,,,, jo ALLAH se darta ha , ALLAH, us ke dil se ghair ALLAH , ka dar – khouf- khatam kar deta ha ,, democracy ka matlab ? > islomic point of viwe se ,,, qanoon aor insaaf aor islami asoloon ki baladasti ha , mager zara socheay pakistan mein es ka theek matlab samajhney waley afraad kitney hein ,,, aor hamare aaj ke hukmaraan apni dunyavi hawas ko poora karney ke leay democracy ka ghalat estemaal kar rahey hein sirf chand aik ke , en halaat mein sirf islami qanoon-o- insaaf hi pakistani awaam ki falah ka hal ha , aor mera dil ch iftikhar mhd ko aik umeed ki shakal mein nazar ataa ha umeed ha wo hamein ALLAH se dartey howe mayoos nahein karein ge ,, mein aik govt servent hoon , aor mein nein khud deekha ha ke pakistan mein curruption itni barh chki ha , k yahaan emaan daari se kaam karney waloon ko saza ,,,aor be emaani se kaam karney waloon ko jaza ( shabaash) milti ha ,, aor inqelaab hameesha fard-e- wahid se shuroo hota ha afraad baad mein bantey hein youe are my hope respected chouhdri iftkhar sahb ,, may ALLAH bless u and all of us…

  2. Humaira Muhsin says:

    honorable sir,
    Respected sheweth:
    Dear i am post graduate student having qualification of MSC Economics.
    i apply for the national internship programme,and i was selected for current year but the concerned DCO mardan not informe me nor paid my monthly stipend of Rs :10000. now i asked about my right but they not help me. it is my right. i am a single person to bear the burdan of my home and my studies. so kindly sir, help me and asked from the concerned sanctioning authority for having deprived me of availing the facilities.
    Sir you are my last hope. i shall be very thankful to you.
    thanking you
    HUMAIRA MUHSIN
    Habib gul houses. street bari cham MARDAN
    NWFP.
    pititioner.

  3. Tahir Mahmood says:

    Honorable Sir,
    We are working as scientific Assistants in a scientific research department. We ,scientific employees improved our qualification to M.Sc. with the permission of our competent authorieties but in our departments no any promotion or increments are given to us on the basis of our improved qualification.
    Sir! we humbly request that we should be encourged.
    Sir! Lower qualified employees are promoted to next scales on the basis of service(length of service) but we are not prefered on the basis of qualification.
    Sir! Our research experience is neglected for new appointment as Scientist.
    Sir! it is our request to u please old promotion policies should be changed.
    Sir! old qualified (M.Sc.) staff employees of research departments should be promoted in scale 16/17 like teachers in schools and colleges.
    our all prayers are wit u

    Senior staff M.Sc. employees of Scientific research Department of Federal Govt.

    HOnorable Sir,
    We are working as scientific Assistants in scientific research departments. We ,scientific employees improved our qualification to M.Sc. with the permission of our competent authorieties but in our departments no any promotion or increments are given to us on the basis of our improved qualification.
    Sir! we humbly request that we should be encourged.
    Sir! Lower qualified employees are promoted to next scales on the basis of service(length of service) but we are not prefered on the basis of qualification.
    Sir, our length of service is more than 15 years
    Sir,We have improved our qualification in 2000, 2001,2003, 2004………2010.
    Sir! Our research experience is neglected for new appointment as Scientist.
    Sir! it is our request to
    u that our cases for higher grades should be considered sympathitically for higher grades.
    Sir! We, old qualified (M.Sc.) staff employees of research departments should be promoted in scale 16/17 like teachers in schools and colleges.
    our all prayers are wit u

  4. waleed jee says:

    sir meri ap se guzarish ha ke ap sirf jo bi program kare america or in begerto ke khalaf kare jo muslim ko marwa rahe ha.
    khuda ke lie in darido se jan chura da.
    kutta to betha ha use ko kia kehana kici ne.
    koi tanzeem accept nae karti.rehman mulk khud karwa raha ha kutta.
    ap khud soche ke allha pak ne khud quran me farma dia ke kafir musliman ke dost kabi nae ho sakte.
    inho ne quran ko chor dia ha.ye sirf anjeel or yahood ki book parte ha.
    ye umat me nae ha.
    khuda ke lia ap se request ha in ke khlaf awam ko khara kara da.

    03326672994

  5. JUSTICE of PAKISTAN
    Chief Justice Iftikhar Chaudhry
    Dear Sir !
    With all respected it is stated that I , Mr. Dilawar Gill S/O George.
    usethe workinSaudiArabia in the company Al-GHARBIAH CEMENT FACTORY, P.O Box No. 14322, JEDDAH 21424. I have the agreement with the company for working without time limits. But my Kafeel ( Sponsor) Kamal Mustafa Yashar break that agreement.
    Sir, I got mentally tortured and humiliated by the company and they did not gave me my passport travel toPakistan . When I humbly request for vacation which is due according to the agreement, I am mentally tortured by them and not given my rights. So I apply against him in the Labor Court of jeddah. The court gave an unfair decision that if I want to go I can leave as final exit ( Kharooj) and company will pay me all the remaining dues. I protest that decision but they did not listen to me. I also request please give me copy of final decision but he is also ignore me. The company gave me Cheque of Al-Riyad Bank of 3774/- Saudi Riyal but did not give me the chance to cash the Cheque and exit me from Saudia Arabia .on jul-5-2005 and still painding taht Cheque.
    I have( 5 )children. I not
    have any job. He is fall my future. I knocked every door for justice but not got me any response from Govt. of Pakistan .and saudi arabia Labour Court jeddah
    i. Information to Human Rights and Justice Govt. of Pakistan
    ii. Ministry of Religious and Manority .
    iii Ministtry of labour Men Power .O.P.F
    iv. Prime Minister Govt. of pakistan
    v. President of Pakistan .
    vi. United nation International Information Center Islamabad(PAK)
    Now Sir, I want justice. i challenge to that decision in the I C J.
    So my request is to kindly help me in that matter so I can get money. I want to claim one million US dollar$ for that mental, moral and financial torture and insult which happens to me without any cause
    Thanking you,
    Dilawar Gill S/O George
    Village Bhano Pindi
    P.O. Jamke Cheema
    Teh .Daska.Distt.Sialkot
    Pakistan
    Cel #0092 3065243536
    Email:dilawar_37@yahoo.com
    12/03/2010
    article 38 of the Statute of the International Court of Justic
    International labour law is one category of international law.
    International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality by sovereign states. Concerning labour law, the most important entity is International Labour Organization.

    The rules of international law are of a normative character; that is, they prescribe standards of conduct. They distinguish themselves, however, from moral rules by being, at least potentially, designed for authoritative interpretation by an independent judicial authority and by being capable of enforcement by the application of external sanctions. These characteristics make them legal rules.

    The law-creating processes of international law are the forms in which rules of international law come into existence; i.e., treaties, rules of international customary law, and general principles of law recognized by civilized nations. It is the merit of article 38 of the Statute of the International Court of Justice that this exclusive list of primary law-creating processes has received almost universal consent.

    International law means public international law as distinct from private international law or the conflict of laws, which deals with the differences between the municipal laws of different countries.

    International law forms a contrast to national law. While international law applies only between entities that can claim international personality, national law is the internal law of states that regulates the conduct of individuals and other legal entities within their jurisdiction.

    International law can be universal, regional or bilateral. Although there is some duplication between universal and regional labour law, the practical value of regional law lies mainly in the possibility it offers to establish standards which are more progressive than worldwide standards for dealing with the special problems of the region concerned; to secure greater uniformity of law within a region; or to provide more extensive reciprocal advantages. Bilateral law has a different purpose. Mainly, it determines the conditions of entry and of employment in each contracting country for the nationals of the other. This chapter deals only with universal and regional labour law.

    The sources – instruments by which states and other subjects of international law, such as certain international organizations – of international law are international agreements. The agreements assume a variety of form and style, but they are all governed by the law of treaties, which is part of customary international law.

    A treaty, the typical instrument of international relations, is defined by the 1969 Vienna Convention on the Law of Treaties as an “agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation”.

    Some multilateral agreements set up an international organization for a specific purpose or a variety of purposes. They may therefore be referred to as constituent agreements. The United Nations Charter (1945) is both a multilateral treaty and the constituent agreement of the United Nations. An example of a regional agreement that operates as a constituent agreement is the charter of the Organization of American States (Charter of Bogot�), which established the organization in 1948. The constitution of an international organization may be part of a wider multilateral treaty. The Treaty of Versailles (1919), for example, contained in Part I the Covenant of the League of Nations and in Part XIII the constitution of the International Labour Organization.

    The term supranational is of recent origin and is used to describe the type of treaty structure developed originally by six western European states: France, Germany, Italy, The Netherlands, Belgium, and Luxembourg. The first treaty was that of Paris, signed in 1951, establishing the European Coal and Steel Community (ECSC); the second, the Rome treaty, signed in 1957, establishing the European Economic Community (EEC); the third, the Rome treaty of the same date establishing the European Atomic Energy Community (Euratom). A clause in the ECSC treaty provides for the complete independence of the members of the executive organ from the governments that appoint them.

    Treaties, however, are not the only instruments by which international agreements are concluded. There are single instruments that lack the formality of a treaty called agreed minute, memorandum of agreement, or modus vivendi; there are formal single instruments called convention, agreement, protocol, declaration, charter, covenant, pact, statute, final act, general act, and concordat; finally there are less formal agreements consisting of two or more instruments, such as “exchange of notes” or “exchange of letters.” (See United Nations, Definition of Key Terms Used in the UN Treaty Collection)

    Main sources of this section are British Encyclopaedia, International Law, British Encyclopaedia International Agreement and International Encyclopaedia for Labour Law and Industrial Relations, Supplement 163.

    Helpful tools when reading international agreements is UN, Glossary of Terms Relating to Treaty Actions and the Glossary of European Union

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