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Yet an other blow on the weaker judiciary of Pakistan

19 March, 2007

By Amjad Malik


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Yet an other black day in the short history of Pakistan.  Last full decade of Army Chief cum President General Mushraf is full of black  days, and it has happened so many times that we feel reluctant to call it a  black day.  On 12 October Army came to Capture capital in defiance of  Prime Ministerial orders and that was considered a black day, Chief Justice  Siddiqui was made to go home and Judges took oath under PCO, again that was  called a black day and now again Chief Justice was in some what similar style  and circumstances was confined and reduced to a normal man, now critics call it  again a black

day. I differ as it is under statement, we must reconsider as we  can not have 3 black days in 10 years. So lets call it a ‘Chief Day’ one chief  tells the other as to who is real chief, the other chief tried to be chief and  real chief confined him to a chief he really is in a chiefly manner.  

In the west the news was taken that an Army Chief called  the Chief Justice in his army camp, asked him to leave honourably or face the  wrath and upon his refusal confined & reduced  him till the evening against his will  and shuffled the whole Supreme Court and put a reference against Chief Justice  in the Supreme Judicial Council who will hear dozen of allegations full of metal  against their peer on 13 March 2007. That’s the way the current government is  used to changing ‘thanidars’ and the same way they have decided to change the  Chief Justice Irony is that his fellow judges rather than enquiring the  well being of their Chief and ordering for his production and availability in  Supreme Court so that proper consultation could take place as to resolving the  President’s reference to (SJD) Supreme Judicial Council, instead they went ahead  and took oaths as was desired by an other Chief and people saw them  congratulating each other on this victory. We see that when its time of Judicial  unity you can always find judges who would come forward and act against their  own peer, army does not do that when time comes, and they always boost of this  quality.

Now we must look at reasons as to why chief has to go. I  spoke to a few friends who were saying since x-mas that chief is going then came  Arsalan (his son’s) issue, letters started circling here and there and a story  in popular channel in Pakistan on bribery in judiciary and last nail in coffin a  letter purported to be from Naeem Bhukhari which was highly circulated as I  myself received it from USA. These were the chain of events that gave rise to  intelligent bye slanders that ‘cookie is cooking’ and cat was out of the bag on  9th March. Why it happened is very crucial. I think Chief was acting  as a real chief. He gave a very popular judgement in public against steel mill  sell off, he was hearing cases of missing people which was against the desires  of intelligence top brass, he gave access to truly affected people like Sonia  Naz & Mukhtaran Maee against the wishes of Police though he may have gone  little bit far in doing so. And he was about to decide very few important  constitutional matters in next 6 months and looking at his track may be ‘they’  were not truly satisfied whether he will given them in levy. I think they  panicked.

I personally am in favour of judicial activism when  government of the day fails to deliver truly the relief people deserves, unconstitutional means follow when constitution fails to address the real issues  now I feel our favourite general is entering into that regime and next 6 months  are very crucial for him. The way Chief Justice was aggravated by attacks on his personal life for last 12 weeks, similarly I feel he himself is taking  aggravated decisions and critic says he has shot on his own foot by sacking the  Chief Justice.

I myself am a witness of the fruit of pro active judicial  work when Chief Justice last year upon my request asked IG Punjab to register a  case of murdered women in Gujrat upon the request of his elderly parents over 70  years of age living in UK. The girl was brutally bruised and killed and later  was buried without her parents present by her husband. Even after Chief’s intervention FIR was registered good 6 months after her death. Though they still  did not get trial or complete justice but this gives the reader an idea of state  of play.  We can not punish him for  the good he intended to do in the country.

How this change procedurally has been carried out is a  mockery pf justice. Even chief justice deserves justice and due process of law,  he is not above law. Article 209 is very clear. Chief is always chief. He can  not be tamed, confused, reduced and confined. He could not have been called to  army camp and humiliated by asking to resign. Filing reference was President’s  prerogative and after filing that Reference CJ should have been allowed to  attend SC and decide as to the fair conduct & hearing of that reference and  peers would independently decide on it. They had already done so in the past at  the time of unprecedented clash of views when Honourable Sajjad Ali Shah was  Chief and they jointly decided to ask him to step down for the sake of unity in  judiciary.

 

They would have done it this time too and nation becomes strong only  with these passages given the opportunity.    Government has no leg to stand on the issue of abuse of  power and corruption when Steel Mill Judgement, land grabbing mafia, sugar and  cement crisis, continuous stock exchange crash(es), Nabbed’ ministers and Bajaur  and Dama Dola killings are shining like medals on its collar. No sacking took  place then and no reference was filed. Government should have resigned in any  event or could have been sacked after Steel Judgement. English cabinet would  have if that have been a decision by English Court.

Nexus of our judges with Generals have ruined the future  of democracy in Pakistan. Nepotism, bribery, lawlessness, unmeritorious  appointments and lack of respect of law in an unjust society has made life  impossible for lay Pakistanis who are looking towards a ‘messiah’  for their salvation. In order to  continue this trail of unlawful rule, judiciary has weakened further and Chief  Justice has been made to go home the second time. Ordering oath under PCO hit 

the nail aright and judiciary lost its teeth as an institution long ago. Will  Iftikhar Choudhary get a fair hearing when his peers do not speak up upon his  confinement, when he is stripped off his freedom of speech and his lawful  privileges, its any body’s guess though I hope he  does.

Now what will happen, I think even Chief Justice deserves  a fair hearting, a due respect and proper treatment to have his legal team for  consultation and advice and unless Council decides otherwise all the privileges  he deserves in the remit of constitution. Media trial must end here, now Chief  Justice is a victim of his own deeds good or bad and let the council decide on  13th the future course of business. 

I must mention here that whilst CJ had a chance, he could  have decided some constitutional issues too whilst he was in power. Now regrets  is an asset for his memory when he witnessed the Army chief retaining his  uniform post 31 Dec 2004 he remained silent, when he rejected to entertain two  offices bill, when his office entertains president’s reference against NWFP  assembly’s passed bill but he refused to give relief against 17th  amendment. Equality is a virtue of which our SC is envy of especially when army  is out of barracks. We still pray that justice is done with the Chief Justice. I  must mention here that sitting in London I could find only one gentleman out of  the whole judicial class (Mr. Justice Wajeeh uddin Ahmed) who showed his guts  and voiced the true feelings of lawyers all around and judicial class and  demanded the fair treatment of the Chief Justice.

I must end here saying that if his fellow peers decide in  his favour then including Attorney General from lower to the top brass must be  ready to resign as filing reference on unfounded charges and on the basis of  some letter(s) is a serious business and may amount to contempt too for those  who choose to ridicule the Chief in this unbefitting manner and especially for  the  Govt who have no track record  of angels themselves. President must also be ready to digest more reference(s)  against his own hand picked government if this reference succeeds as it opens a  window to people to complain and demand sacking of his own hand picked Ministers  amongst those are some real absconders and criminals who are looting the state  of Pakistan on wholesale basis. Nation is demanding  justice and it must be seen to be done. One time the same thing The

Queen of  England did to his Chief Justice and people took to street until that sacking  was off, and later people got him elected and he was made a speaker of the  assembly without opposition by all the houses of parliament. That’s the power of  people where rule of law exist.

Amjad Malik is  a life member of Supreme Court Bar Association and & a Solicitor-Advocate of  the Supreme Court (England) and Chair of Association of Pakistani lawyers (UK).

Reader Comments:

Victums of their own deeds.

Our country have a record of welcomming dictators and our judiciary have a simmilar record of legtmising these dictators. Iftakhar Chaudhary was the one who took oath under "PCO" or in other words "Musharaf's Constitutional Order", it was a sad day when we saw Judges of superior courts refusing to take oath under PCO and leaving the courts in their private cars. These judges were honoured and called to address the BAR association in return for their sacrifice for a miserable nation which is a victum of conspiricy of Judges and generals.

Should justice Iftakhar and other Honourable Judges of Superior Courts refused to take oath on that black day under that black law, our today would have been different.

He (Iftakhar) opted to be a comanion of a dictator, he provided him the umbrella of constitution and never acted when people were being bombed and killed in NWFP, he never took a suo moto when men in uniform were practically treating the countrymen as slaves, he opted to get his son inducted in to FIA and then in to Police Force, he opted the planes and choppers over the hundreds of petitions which were dismissed or not entertained on "Technical grouds" and got the pricks.

Today he is sacked by the same person who sacked the "Constitution" and entire nation under his boots, he got the same treatment as rest of nation is being trested, it is merely a fight of badits over loot, and in this process one with more guns and more power is a winner.

Chief justice was a looser from day one, he joined the dictator and the dictator is ultimate looser, people like Justice Said U Zaman and Jawad S Khawaja would always be winner.

It do not need to a philospher to understand that once you decide to enter a game which do not have rules, no body would be be there to decide who is the winner.

Mr. Chief Justice, you opted for it, who can tell you what is the result of the game you played?

NADEEM, Pakistan - 19 March, 2007

World Judiciary Need Efficiency without Conflict of Interest

Judicial crisis in Islamabad and around the globe is due to Continuity of Iraq invasion
Globalization. Crisis and abnormal procedural error is due to conflict of Interest. Conflict
Of interest can involve chief judges’ small judges

It can involve boss leaders’ ministers of kickback CEO Cic small judges and SJC
Members. Clinton CIC NATO chief USA boss under oath said:” I swear under oath
I did not have affair with Monica Lewinsky one day and other day sorry I lied other day”.
From Adnan Khasgoggi Kofi Anan Jimmy Carter to President Bush sr Jr Reaganomics
Thatcherites to Blair Ayub khan to Sk Mujibur Rahman have created Revolution which in turn created mass murder individual murder suicide towards business development.

Pakistan crisis is related to business development with partners of financing and benefiting .The projects at hand is Dam Power projects terrorism globalization
Foreign Troops blochistan sindh Punjab Afghanistan and Iraq .The notion that foreign army came to Afghanistan only to develop democracy and Supreme court courts government ministries like Pakistan is wrong. Why Pakistan did not train 21/2 million
Afghan capable to go to university to become lawyer’s engineers and Supreme Court
Or PM style building or Apartment complexes of Karachi or Modern Homes of Islamabad.

Fact is conflict of interest. Some running Pakistan from abroad some are like Saudi sheik
Who have handed over keys of qaroon Khazana to develop few building few roads and refineries and gone to harem making UMMA leaders Emma judges Emma MPs and
Public suicidal.

Invaders from USA Canada UK EU and elsewhere need reformed justice perfect SDC efficient Military man none alcoholic competent senators MPS and good quality professors Engineers and Country developers. Some are born with Faith some are atheist
And some both. This is conflict of interest too. The clue is to solve the problem and come to the rescue of USA Canada UK EU Japan and India. Pakistan with Iman need confidence and desire to survive and govern.


m_zakaria, Hungary - 19 March, 2007

Yet an other blow

The case of CJ is due for hearing. Chief Justice is a victim of his own deeds good or bad certainly the council will decide on 13th the future course of business.Why the learned community is protesting and they are all Lawyers together with opposition who has lost their way and are struggling. Lawyers should have acted responsibily and not to damage the properties. Peacefull protests are Ok but not this kind of behaviour from lawyers what we have seen on TV. Its shame on the part of Lawyers to go out of their minds. What do they expect from the law enforcement authorities throw flowers on them. They are there to set an example of good behaviour and they failed badly and lost the support.

mohammad, United Arab Emirates - 20 March, 2007

Victums of their own deeds

So many Chief Justices were changed in US and similarly in many other courties. Why in Pakistan its made an issue when its not an issue. Gen. Musharraf is a President of Pakistan no matter if some don't accept this fact but its a fact and he is there to run the country. From all economic indicators its crystal clear that he is a great man and very patriotic who is not minting money and filling his own pockets like two previous PMs who are in exile with public money and bought huge palaces. People of Pakistan need to be a bit more open and fair and not to follow the footsteps which lead to dark ages. Country has done tremendous progress and today Pakistan is known all over the world as a strong economic hub. All these protests by Lawyer and opposition leaders are totally wrong. Let the judiciary decide and confirm that sacking of CJ is right. Why to take law into your own hands and destroy the public properties. Police is there to maintain law and order and they are doing their jobs for which they paid for. Whether its PCO or LFO thats all accepted by all parties and being paid high salaries from the treasury. How come when they get the benefits its OK and when they see they are on the losing side they start some kind of protests and distrupt the peace for common citizens. Gen. Musharraf is a very open minded man and with lot of potential and today opening of Gwadar Sea Port shows his outstanding work. Surely he deserves a credit. Baluchistan Province which was neglected by previous Civilian Dictators this military man has done a great job for his country, men and women. Lot of job opportunities are there and more mega projects are started already. In the near future that province will be doing as good as Punjab, Frontier and Sindh. All intelligent and fairminded Pakistanis should appreciate his work and assist him to do more for Pakistan. He is a strong man and opposition is trying for nothing. Leave him alone and let him carry on his work without interference.Unnessary protests are damaging the economy and all must refrain from thos actions.

mohammad, United Arab Emirates - 20 March, 2007

It is the economy stupid! Democracy vs. Chief Justice

It is off course horrible to see the CJ being humiliated. The government should have used better means to deal with the situation (if it was really necessary to remove him).

However Mr. Amjad Malik is wrong to say that democracy is ruined due "nexus of judges and generals".

Democracy in Pakistan is ruined because of our economic situation only. We have a pathetic view of ourselves that allows us to survive on mere $20 billion.

This is such a small amount of sum for a a nation of 160 million. Just for comparison, the city of New York spends $55 billion a year.

Democracy will be a sham as it would not be able to deliver. Our democrats (with exception of Nawaz Sharif) continue to rob us from our opportunities in this world. The result is the utter destruction of our economy and absolute reduction of our tax base.

At this stage we need peace for at least 30 years and strong pro-West free market policies. Only then we can get out of the vicious circle of instability and the resulting military intervention. You Mr. Malik fail to understand that our politicos would gladly invite European Generals to rule them. So far we are lucky that we at least have our own generals.

Democracy in the current situation will never guarantee peace in Pakistan, only a good economy will! Our goal for next 10 years must be to increase our budget from $20 billion to at least $200 billion.

This jump in our budget can only happen if we allow our military-industrial complex.

Peace to all and malice to none.

Dr. Qazi, United Kingdom - 21 March, 2007

A weaker judiciary

Some so called learned people fail to compare present government with the previous civilian dictators who took the country wealth out of Pakistan. They fail to appreciate the work done by present government and to be in Uniform or without makes no difference the facts must be studied and seen with honest eyes. Look at the Pakistani Americans who invested huge money in Pakistan during Gen. Musharraf and PM Mr. Aziz's time that figure can be seen from so many websites. Huge sumes are coming from overseas Pakistanis amounting to $5B and Pakistani Americans are the leaders in making Pakistan strong and that must be appreciated. Let us say a little about Mr. Malik who does not keep himself updated with the progress Pakistan has achieved in over 7 years. Comapre a figure of $333m when Nawaz Sharif was PM with a figure of over $13.46B, surely he knows simmple maths. Why pick on two men who have devoted their lives for the stability and economy of Pakistan. Give them appreciation and encourage them with you support so that they can meet the target of $200B in the next decade. By the way the export of Cotton textile will jump to $50B in the next few years as so much has been done in that sector. IT DOES NOT NEED TOO MUCH ABILITY TO CRITICISE BUT FAIR AND HONEST CRITICISM NEEDS A VOICE FROM A CLEAN HEART. My best wishes to all those who are contributing to make Pakistan stronger country financially and militarily.Avoid Anti-Pak propaganda please

mohammad, United Arab Emirates - 21 March, 2007

Stop misguiding people Dr.Qazi or what ever your real name is.

WHat one Dr.Qazi says is contradicting in terms.India is a poor country but it reached where it is today due to democracy and diveristy of ammunition suppliers for Indian military.In Pakistan situation today is bad because a)Generals and bureocracy wanted a system that favours west over their own people.b)Had left no democracy,curtailed the freedom and destroyed local industry,.c).Bought ammunition from only USA.What is needed is a policy for self sutaining and self sufficency.
It will also be good for USA which is being seen as responsible for the sufferings of local people because of its meddling in the local affairs.TRue US has almost always supported dictators,tyrants,monarchs for the spread of their economy but this hurted US in image the world over.It will be better that US Govt seriously analyses the reasons for the bad image.

Ahamad Faqir., Pakistan - 21 March, 2007

It is economy but what is the cause.

Dr.Qazi's statement is worth noting that money spent on Pakistan is very small.But it is partly because national industry is being destroyed by foreign industries and goods taking over thus poor people will get poorer.You say that military industrial complex is the answer meaning that Pakistani industry makes military hardware but how can they when they have to buy goods worth few dollars in open market for many times more from USA>

Dr.Khan, United Kingdom - 22 March, 2007

The missing link is a working democracy.

In the fight for independence, there was no rival party to the All India Muslim League. After indepence, Pakistan needed a strong and mainstream political party to contest at the ballot box. England provides best example of a two party democracy. Judiciary plays the most important role. It comprises the best brains and integrety that are above board. The Bars serve as nurseries and produce honourable judges. All that is required is for the judiciary to assert its power. In the present crisis, the core issue is the scandal of PSM. Evidently, the Prime Minister is directly involved in it. The CJ of the apex court took sup motu notice of the deal and that has touched the raw nerve of the prime minister. This is just the beginning and might serve as the tip of the iceberg. Many more scandals will surface as the tussle heats up between the Bar and the govt.

Sher Mohammad, Pakistan - 22 March, 2007

Pakistan earned same $$ back in 1950s what Indian democracy is earning now

Indian demo-krazy is an empty bag full of hot air. Chinese dictatorship earns much more $$ compared to Indians. So what gives?

You ask anyone in Pakistan about the most prosperous period in Pakistani history. The unanimous answer will be “Ayub Khan’s”. Indians have now reached the level of prosperity where Pakistan was back in the 1950s. And that giving the fact that Pakistan inherited only a small portion of British-Indian industry.

Why it is so?

Well! Money flow is dependent on pro-Western industry and skilled labor. China, and South Korea (in early years) are not the greatest examples of being the bastions of democracy. And yet they now are much more prosperous than many demo-krazies in the world.

So remember! Democracy is just icing on the cake. Chinese example shows that you can beat democratic government if you are willing to work hard for the Western companies.

Peace to all and malice for none.


Dr. Qazi, United Kingdom - 22 March, 2007

Pakistan earned

Majority of people in Pakistan are not well educated and hardly understand the value of a vote and democracy there is just "an ice on a cake" as mentioned byDr. Qazi. Pakistani people are demo-krazies because politicians intentions are dishonest. Votes are based on families and that is wrong. Why there should be a democracy in Pakistan? During Gen. Ayub Khan's tenure Pakistan had a golden era and many do remember. Only those who are honest in their thinking they remember not the one who are attached and influenced by political parties. During his tenure people were scared to accept bribes.The textile industry had more spindles working putting together both Japan and South Korea. Economy that time was stronger than India but when civilian dictators came they took the wealth of the nation out of Pakistan and bought their properties in the west. That is a shame. Today Pakistan is going on the same lines of Gen Ayub Khan and progress is tremendous when you look at the growth rate of 7% and a boom in housing industry. The system is working in Pakistan barrng a few hickups and they could be anywhere in the world anytime. Economy is with the positive note and foreign investors are moving into Pakistan in all areas where they can get a best return of their money.The liberal policies of Pakistan Government are encouraging more and more investors to come to Pakistan. There is no democracy as such in Republic of China. There is no democracy as such in Russia. Both countries are doing too good, especially Republic of China with surplus in trillions. Its not a democracy its the patriotism and honesty, hardwork, faith and going into right direction. In Pakistan people needs more schooling and media can help a lot to give boost in all areas where still lot is required to be done. People inside and outside must support the government as it has done a lot for Pakistan in over 7 years brining Foreign EXchange Reserves from $333m to $13.59B and it must be appreciated. If there a few dishonest individula God may put them on the right path and work for the country with honesty. Pakistan got a great future under the present government. Wish them all the successes.

mohammad, United Arab Emirates - 24 March, 2007

To Dr.Qazi,salesman for USA.

Today what India is due to its low and continous growth.Pakistan in AYyub Khan was due to American loans ,ten times of which Pakistan has paid back and still owes the capital.Yes another difference is in India and Pakistan in the period when Ayyub Khan was in Pakistan and Nehru in India.
CIA made attempt on the life of Nehru while rewarded Ayyub Khan with $2Laks per year until death.Why because the former resiseted being an American colony while the latter happily did.
Nothing is better than standing on on your own feet,stayingaway from loans,and developing strong friendship based on principles with muslim nations.
Kessinger summed it up"Though animosity with US could be dangerous but friednship is fatal"

MJK., United Kingdom - 24 March, 2007

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