Adil Najam
In a highly anticipated and awaited verdict, the Pakistan Supreme Court just declared the steps taken by then President Gen. Pervez Musharraf illegal. The details of the decision read out by Chief Justice Iftikhar Chaudhry are still filtering in and the implications of the decision are still not fully clear. I am still grappling with what this will actually mean in implementation and would love to hear from you what you think it will mean?
It is clear from the judgment that this does NOT change the legality of the current government or of the oath taken by President Zardari. But will it effect only the judiciary decisions (judges and how many) or does it have farther reaching impacts. My sense is, it will. But I am not fully clear just yet what these will be, and how. With this decision, it seems the Supreme Court and Chief Justice are back in the news big time and maybe more than just the rhetoric will heat up!
According to details (still coming in) in The News:
The Supreme Court of Pakistan Friday declared the steps taken on November 3, 2007 by former president Pervez Musharraf as unconstitutional. The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps.
The Supreme Court in its short verdict declared the steps of November 3, 2007 taken by former president Pervez Musharraf as unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said.
It termed as illegal and unconstitutional the sacking of Chief Justice Iftikhar Muhammad Chaudhry and the other higher judiciary as well as the appointment of Justice Abdul Hamid Dogar as chief justice.
The oath taken by President Asif Ali Zardari will not be affected by the SC verdict, is said. All the appointments made in the higher judiciary of Justice Abdul Hamid Dogar have been termed illegal. It termed as unconstitutional all the appointments of judges during November 3, 2007 to March 24, 2008. It said the strength of Supreme Court judges will remain 17. It declared unconstitutional all the steps taken by Pervez Musharraf during November 3, 2007 to December 15, 2007 including the increasing of number of superior judges through finance bill.
Chief Justice Iftikhar Muhammad Chaudhry announced the verdict.
The verdict said all the appointments of judges on and after November 3, 2007 under PCO were unconstitutional. The case of PCO judges will be referred to the Supreme Judicial Council, it said. The announcement of today’s verdict sent a wave of jubilation outside the Supreme Court and at all the bar associations. Sweets are being distributed as people and lawyers are chanting slogans in support of the judiciary. The 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry reserved the judgment after completing the hearing of the case and announced it after a delay of over four and a half hour.
It is never too late to start some ACCOUNTABILITY in Pakistan.The nation has sacrificed a lot to bring about independent judiacry.
I am glad that Nov-3 emergency has been declared illegal. Justice Chauhdry has strengthened his position within the SC as it seems the judgment has facilitated the Musharraf’s trial by his opponents. Also the PCO judges will be removed as the strength of SC has been reduced to 17, out of which 14 are those who did not opted to take oath under PCO. So SC would be comprised of like minded judges. It has further weakened Zardari’s position as NRO was implement through ordinance and the countdown for 120 days begins from now.
At the moment, media and SC are the two forces which are setting the agenda and they both are tilted toward Sharifs.
There is a fine line between independence and interference of judiciary and also is a fine line between free and fair media. At the moment, majority of the institutions (media, judiciary, parliament, army and civil society) are claiming or competing to prove themeslves as supereme rather than effective and efficient.
Its always hard to identify the boundary within and among the organizations. The society which is charged, angry and impatient would be very hard to control if these there is any other crisis (clash of institutions).
My comments seem more pessimistic rather than jubiliant at this historic verdict. Because I am worried that many opportunist in both major political parties and other institutions will get into point scoring rather than nation building. This verdict will have far reaching effects but i hope and pray that it should be for the betterment of society rather than chaos.
Interesting. Look down just two posts. The guy we think did the most good we have already hung to death, and now we are talking about also hanging the guy who we think did the second most good.
I guess this says more about us then about either of them!
No one questioned Gen Musharraf Integrity.
Head of states can always make wrong POLITICAL decisions. And generations suffer. Hazrat Usman RA and Hazrat Ali RA made WRONG Political decisions and to this day Shia and Sunni are fighting. But no one questions their personal integrity.
Gen Musharraf, perhapes, made wrong political decisions. But no one questions his personal integrity.
Some comments on this from the ATP Facebook Page:
– “wht is gonna happen now..is the NRO going to be anulled since PCO judges have been sacked..??”
– “historical decision by supreme court..it will put an end to dictatorship”
– “its the most right decision in d hstory of pakistan”
– “but would u tell me plz what this can now make advantage to pakistan prosperity? past is passed……….!”
– “don u think dat dictatorship was more better then this satuation ov pak… ghurbat … mehangai.. pak ka status in foign contries… education level.. defesv position, powerful economy, best trading, kitni sari chezein thin us dictatorship k dor main,,…. n ab satuation apke samne hai”
– “the main thing is that no honest and good person would be the president of pakistan only the currupt can be….we are giong to the downward..no future…we stand on the same place from where we started..still illeterate….May GOD help pakistan”
– “yes that is one gud decision ab musharaf ki phansi . .
Insha ALLAH”
– “totally biased decision…….”
– “Musharaf ki to mmmmmMM AAAAhoo….”
– “beta ho hi nahin jai MUSHARRAF sahab ko phansi”
– “that decision was expected”
– “phansi ho na ho wapsi na aye woh pakistan ab….he will stay with altaf in london”
– “Jiyay Muharraf”
– “Absolutely NOTHING! Decision will be hailed for mileage by political thieves and their cohorts, come next ruler 10 years down the road it will only be a historical reference!”
– “mushi u r firedd hahah lolzzzzzzzzzzzz”
– “good work by supreme court”
– “A country’s future lies in its past…..so if anyone says that whatever happened should be forgiven and forgotton ,then that person will find himself facing the same situation again in the future…..if some one kills yr son or rapes yr mother and then after sometime says it is all now in the past so forget it….will anyone?…and ones country is more sacred than ones mother……Musharraf along with his friends raped our country………..this fact should be neither forgotton nor forgiven……..”