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.
The Lawyers/CJ and his goons are out in full force.
All these passing out sweets with respect to the CJ
for future of pakistan it was very much necessary to check army .army had made a lot of fuss for pakistan.verdict like this will stop army to take over.
“Judicial Dictatorship!”
How long is it going to last?
I am utterly disgusted by this decision. Completly unprofessional for the CJ to chair in this case as he was personaly effected by Musharaf’s decision.
The judiciary has targeted Musharaf only, making his actions illegal and making everything that happened in result of his actions legal.
If this CJ is honest then he should bring Zardari to court first, then Nawaz and then Musharaf in order of their wrong doings.
We are the only country in the world where the looters and plunderers are rewarded and those who work for the prosperity and progress are punished. All development indicators remained high during the reign of a military ruler. He was a good ruler. Better then the ones convicted, punished and now ruling a country with the same intentions and deeds as they did earlier. What a pity.