Pakistan News Service

Friday Oct 31, 2014, Muharram 7, 1436 Hijri
Logo Logo
LATEST :
Pakistan News Home -> Speakouts -> Speakout

Non-Functional Chief Justice

14 March, 2007

  Related News  
Strong judicial system ensures upholding of rights: CJP Iftikhar
IHC Judges Appointment: SC orders govt to issue notification
  Related Articles  
Stop Kissing Hands And Touching Feet
By Col. Riaz Jafri (Retd)
Logs, pot, broth, and lid
By Dr. Ghayur Ayub
  More on this View All

Pakistan is politically boiling over the ouster of Chief Judge Iftikhar Chaudry, with court activities nationwide brought to a halt after lawyers boycotted court proceedings in protest.

General Musharraf sent a reference to the Supreme Judicial Council against Chief Justice Iftikhar Chaudry on Friday last on charges of misconduct and misuse of authority and appointed Justice Javed Iqbal as the acting Chief Justice in his place.

Some of the charges being talked about against the ousted Chief Justice include, use of government helicopters, insistence upon undue protocol, and to put pressure on government functionaries to post his son on lucrative posts. .

The government claims that Mr Chaudry has been made "non-functional" till the judgment of the SJC. He is reported to be placed under undeclared house arrest, and that his passport as well as of his family members have been seized by the authorities.

The Supreme Judicial Council (SJC) is currently trying the ousted Chief Justice who has questioned the composition of the SJC as its two members, according to him, are supposed to be tried on the charges of corruption and misconduct..

Political observers attribute the dismissal of the chief justice as to have nothing to do with corruption or misconduct charges. According to them, the corrupt and weak judges always suit the military rulers. If Justice Iftikhar had been a corrupt judge, he would have been the favorite of the military rulers, they claim.

Some of the questions that come to the mind of an ordinary person are :-

1) Is President's action against the chief justice legitimate?
2) What is the moral standing of President's action, when the corruption charges are pending against some of the ministers?
3) Should not similar references be filed against those involved in sugar scandal, stock market crash, and cement scandal?
4) Is this a message to the judiciary ?
5) Where will this crisis lead the country to?

Reader Comments:

WRONG FOOT FORWARD

Pakistan is the land of unfortunate 145 million people who are treated like mute and blind herd of cattle and the rulers who control the power base behave in a manner that sky would weep, take the present case of suspending or disfunctioning of the Chief Justice of Pakistan and mishandeling of Chief Justice by Security forces right from the time Chief Justice was returning from Army House after meeting General Pervez Musharraf and refusing his demand to resign as Chief Justice. Chief Justice was not allowed by Police Escort to go back to his office, where his routine was to work till late hours. Then confine him in house and deny outside contact and communication etc. etc and not allow him to go as he wanted to appear before SJC is not only shameful but proves that some body has tried to undermine the foundation of Pakistan by attacking the Institution of Judiciary in this manner. Islam is the religion in which rulers are answerable even if an animal dies on account of bad governance then what is this manner in which Constitution has been violated, which goes to prove that Rule of Law is nothing but a hoax in General Musharraf's system. Oath of Chief Justice is administered by President of Pakistan and Acting Chief Justice is only appointed when the office becomes Vacant, there is a battery of shining stars of imminent Jurists in Presidents Team like Mr. Wasim Sajjad, who is now defending an illegal action as lawful, while he is forgeting that when he assumed the office as Acting President of Pakistan upon resignation of President Ghulam Ishaq Khan, he did not take fresh oath because according to him his original oath as Chairman Senate has that Chairman will act whenever required to act as Acting President, then how an Acting Chief Justice was administered oath by his juniour, when the sitting Chief Justice was sitting with the Head of the State in Army House? and had not resigned. Is not this mis conduct? It was in March 2004 while I was attending a Workshop in National Defence College, Islamabad, Mr. Justice Khalilur Rehman Ramdey came to deliver lecture, and for reasons best known to him he tried to din in the ears of course participants, who were mostly parliamentarians, that in future if you have a political or constitutional wranglining with rulers please do not approach us in the Apex Court, we will not risk our postion and future. I was alarmed right on that day, so I questioned what about Passion and Conscience of the Custodians of Judiciary? and cited before him the history of First Muslim Barrister Mr. Mehmud Ahmed Khan, who proved that British Penal Code in section 302 was defective and so the words " till Death." were included, I asked Mr. Ramdey if he knows about the serious difference of opinion between Honourable Justice Mehmood of Allahabad High Court and his British Chief Justice on question of Natives insult, Chief Justice and even the British King could not remove him after appointing a Judge of High Court, but Justice Mehmud himself resigned without fear of starvation or future of his children, Justice Mehmud was appointed Judge at the age of 32 and worked for about ten years and then joined field of Education till his death. Mr. Ramedy only looked towards high heavens, It would not be out of place to mention that perhaps his father Mr. Justice Siddique Chaudhry's wife was alleged to have brought banned items from Bara in official car, upon publication of this news in print media, he was asked by President Ayub if he would like to face SJC, he simply tendered his resignation, later he was my senior collegue in PML (Khairuddin) so the crux of the matter is we have to be HONEST. At the end of World War II Winston Churchil was asked by pressmen, what was the British position in war? He possed a counter question to Media, Are the Courts delivering Justice in Britain, if Yes then be sure we will win the WAR. So look around here the Head of Apex Court is not free to express or act or move against the will of Executive authority then what is left. I earnestly hope we learn to protect our State Institutions first then we can save the country and the nation. This Message is to every Pakistani to be Honest and Fair in dealings, We owe every thing to Pakistan, evolve this spirit first every thing will follow. Wheel of Nature is moving, do not let it move FAST and HARD, We have to build a strong Character in our Children, who are leaders of tommorrow's Pakistan.

Ali Ashraf Khan, Pakistan - 14 March, 2007

Non-Functional Chief Justice

Here is another proof of dictator ship.If there are any charges pending against the honorable chief justice they should be made public and other judges should be made aware of this, but if its just a plan to get rid of Chief justice with out cause this is another nail in the coffin of democracy in Pakistan.How can you suddenly decide to get rid of the top justice of the country, Is Musharaf and his croonies afraid that Honorable justice found some thing wrong with them.To set a good example Musharf should start with his own corrupt ministers and then justify to eliminate others.This is a pure threat to the Judicial system and all judges and layers need to stand up against it other wise there will be no justice

Vinod, United Kingdom - 14 March, 2007

non functional govt

its shame,shame and shame for whole nation,who seen how their justice of supreme court has been treated,its shame for those,who tackle this issuse very non seriously,but im really happy ,as the whole country ,lawyers from whole country,opposition backed the chief justice. its shame for those who voilate the human rights of their own people.

tahir saeed, Pakistan - 14 March, 2007

The Facts from a WIKI

President of Pakistan, General Pervez Musharraf on March 9, 2007 virtually suspended the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, and appointed the most senior judge available, Justice Javaid Iqbal, as the acting Chief Justice of the Supreme Court. Later it was explained that the senior-most judge after chief justice was Justice Rana Bhagwandas, but since he was away from the country, Justice Javed Iqbal being the second in line was made the acting head of the apex court until Justice Bhagwandas would return.

The move to make Justice Iftikhar Chaudhry ‘non functional’ was immediately followed by yet another decision by the president to send a reference under Article 209 of the Constitution of Pakistan to the Supreme Judicial Council (SJC) to investigate allegations of misconduct against him.

Justice Chaudhry was summoned by the President General Pervaiz Musharraf at his Army residence in Rawalpindi on Friday, March 9, 2007 and asked to explain his position on a list of charges brought against him from several quarters. He was then demanded resignation, something which Justice Chaudhry refused to do and was hence forth detained there for some five hours while arrangements were made elsewhere in Islamabad for speedy appointment of the Acting-Chief Justice. According to further reports he was only allowed to leave when the Acting-Chief Justice had taken oath of office and proceedings of the Supreme Judicial Council had begun. According to legal analysts, the procedure adopted by the President is not just inappropriate but also unconstitutional and therefore illegal.

The president’s orders came in the afternoon, and within minutes took the country by storm. Many in the legal fraternity were shocked by the way the country’s top adjudicator had been treated. Chief Justice Iftikhar Chaudhry's reaction was not known as since his "suspension" or being made "non-functional" he had remained incommunicado. After his meeting with President Musharraf, he remained inside the presidential office for a few hours, and was later prevented from going to the Supreme Court by the security officials.

Soon after the oath taking ceremony, the SJC went into a session and decided to call Chief Justice Iftikhar Muhammad Chaudhry on March 13 to answer the allegations of misconduct levelled against him. Presided over by Acting Chief Justice Javed Iqbal, the SJC also ordered the chief justice not to perform functions as judge of the Supreme Court or as the chief justice till the reference was decided by the council.

The SJC meeting was also attended by apex court judges namely Justice Abdul Hameed Dogar and Justice Sardar Muhammad Raza Khan, Chief Justice of Lahore High Court Iftikhar Hussain Chaudhry and Chief Justice Sindh High Court Sabihuddin Ahmad, who had flown into Islamabad earlier in the day.

According to the Advocate General of Sindh, Justice Chaudhry is still the Chief Justice of Pakistan, and should be allowed to exercise all due previliges. However, the flags of the Islamic Republic of Pakistan and the Supreme Court have been removed from his home and his name and references have been removed from the website of the Supreme Court of Pakistan. It is worth noting that, according to BBC Urdu and The News (Pakistani newspaper), the supreme judicial council is going to look into the inquiry against Justice Chaudhry. Out of the three Judges of the council there are corruption cases already pending against two judges (one for financial corruption and second a case related to fraud in land) and the third Judge got his daughter admitted to a Medical College on the recomendations of the Chief Minister of a province of Pakistan.

On March 12, 2007, lawyers across Pakistan began boycotting all court procedures in protest of the suspension. In the capital, Islamabad, and in other cities such as Karachi and Quetta, hundreds of lawyers dressed in black-suits attended rallies, condemning the suspension as unconstitutional. More than twenty lawyers were injured in clashes with police during the demonstrations in Lahore.

On March 13, 2007, Justice Chaudhry appeared before a closed hearing with the SJC. The hearing lasted for two hours and was adjourned until Friday, March 16. Justice Chaudhry issued a four-page press release denouncing the moves against him, saying that neither President Musharraf nor the SJC had the authority to prevent him from working. He also reported that his telephones at home had been disconnected and vehicles confiscated.

Shokat Saleem, Georgia - 15 March, 2007

Can we talk about the WC instead? This is really boring.

Chief Justice is hired by the Federal Govt. so there is nothing unconstitutional when President sends a reference against the CJ.

We should certainly condem the method used because it is not right to raise an allegation and then have the person house arrest.

I think Fed Govt. should have issued the refernce and at the same time should have requested the Supreme Judicial Council to suspend the CJ until the inquiry is complete.

Why is it such a big deal? Was the CJ making a difference in the present judicial system? The answer is NO.

He was going along fine and then he fell out favor for unknown reasons. Those unknown ereasons are certainly not speaking out against the govt OR trying to fix the judicial system.

So I would suggest to Mr. CJ that he should resign and join one of the many political parties and only then he can speak freely about the allegations.

FYI:

The same CJ favored present govt. and did approve quite a few legally doubtful govt. measures.

Imran Siddiqui, Canada - 15 March, 2007

Democracy & Pakistan...

General Musharraf is evaluating a Vision Document 2030 aimed at implanting in Pakistan "unfettered democracy at its natural and optimal levels." But, is this happening in real sense? A big question mark.

Is the ruler category capable of understanding what democracy at its natural and optimal levels, what example they are setting for their future generations. There is no wonder if in 2030, the so called unfettered democracy is established, it will stay there for atleast an year and by 2031 the same military rule will come into force.

In 1997, Prime Minister Nawaz Sharif conspired with a cabal of judges to remove Chief Justice Sajjad Ali Shah from office. Shah’s offence: ruling against a constitutional amendment designed to let Nawaz corner more power. In 2000, Musharraf sacked Chief Justice Saiduzzaman Siddiqui (along with five colleagues) after they demurred from taking an oath of loyalty to the military government and now in 2007 CJP, Iftekhar Choudhry, his mistake as I understand is not misuse of power which is shown as the reason, but digging the graves of those missing youth whose families are not aware where their loved ones are.

CJ of a country is treated like a criminal, police manhandling him..can this happen in any country. I understand every country has its + and -, but the judiciary happens to be the most crucial pillar on which a nation builds its identity in the international arena. In wake of such incidents, if some human rights organization gives a -ve report, there is no wonder in it.

Why these double standards? The whole world is watching and its understanding what is happening and believe me its not the same world as it was 20 years back.

Raj, Hungary - 15 March, 2007

Democracy & Pakistan...

General Musharraf is evaluating a Vision Document 2030 aimed at implanting in Pakistan "unfettered democracy at its natural and optimal levels." But, is this happening in real sense? A big question mark.

Is the ruler category capable of understanding what democracy at its natural and optimal levels, what example they are setting for their future generations. There is no wonder if in 2030, the so called unfettered democracy is established, it will stay there for atleast an year and by 2031 the same military rule will come into force.

In 1997, Prime Minister Nawaz Sharif conspired with a cabal of judges to remove Chief Justice Sajjad Ali Shah from office. Shah’s offence: ruling against a constitutional amendment designed to let Nawaz corner more power. In 2000, Musharraf sacked Chief Justice Saiduzzaman Siddiqui (along with five colleagues) after they demurred from taking an oath of loyalty to the military government and now in 2007 CJP, Iftekhar Choudhry, his mistake as I understand is not misuse of power which is shown as the reason, but digging the graves of those missing youth whose families are not aware where their loved ones are.

CJ of a country is treated like a criminal, police manhandling him..can this happen in any country. I understand every country has its + and -, but the judiciary happens to be the most crucial pillar on which a nation builds its identity in the international arena. In wake of such incidents, if some human rights organization gives a -ve report, there is no wonder in it.

Why these double standards? The whole world is watching and its understanding what is happening and believe me its not the same world as it was 20 years back.

But what is strange to me is, this happens just after few days of Dick Cheney's visit to Pakistan. Has CJP's ouster got to do anything with the intelligence reports and matter which he came to know and that it could be of threat to the mutual interest of Pakistan and US?

Raj, Hungary - 15 March, 2007

A CHIEF JUSTICE SEEKING JUSTICE

In a country as corrupt as ours, where cases of corruption and crime are condoned if people join the king’s party, the kind of charges leveled against the Chief Justice do not convince the public, whatever their legal validity. Thus the people perceive the bringing of such charges against judges as attempts by the executive to keep the judiciary from interfering in the running of the state. By sending the reference against the Chief Justice of Pakistan to the Supreme Judicial Council, the commando president has not only degraded the highest seat of justice but besmirched one of the three pillars of state. This is because the order by the government states that the chief justice was “called” by the president. Moreover, the president chose to wear his uniform when he met the chief justice. At a symbolic level, as it appears in photographs, this implies that the army chief has summoned and confronted a chief justice. This is obviously detrimental to the dignity of the highest judicial office in the land.
The manner in which this step was taken and is being mishandling is repulsive and is indeed beyond reproach. Now how can anyone have the necessary confidence in the judiciary of Pakistan when the highest officer of the judiciary is at the mercy of the government in power? Judiciary cannot operate if it is not independent and needs its independence to dispense justice in a proper, equitable and fair manner. It appears that Chief Justice Chaudhry was sacked not because of his misuse of power but for standing up and judging against the will of power. It would be fair to assume that many people will see this run of events with suspicion. In fact, some have linked it to a statement made by a leading politician recently linking a possible declaration of a state of emergency as a justification for extending the National Assembly by one year. Many will also link the action taken by the government with the fact that the chief justice was a strong proponent of judicial activism and that some of this may have stepped on powerful toes. For example, the Supreme Court struck down the Pakistan Steel Mills privatisation deal which was an embarrassment for the government, took strong note of the New Murree project which had strong vested interests backing it, and of late had been regularly hearing petitions filed by relatives of citizens claiming that the latter had been detained incommunicado by government intelligence agencies. During the course of these hearings, revelations came to light which again caused some embarrassment for the government because some of the disturbing allegations seemed to have been correct. Moreover, it was thought that two very important cases were to be seen in the Supreme Court in the coming months. Those were the case inquiring dual nationality of the Prime Minister Shaukat Aziz and his eligibility to be Prime Minister and the case to whether or not the President Musharraf could run the election for the next presidency term.
President General Musharraf has sacked the Chief Justice of the Supreme Court without dwelling upon any solid evidence and it must be said that no one knows what the truth is? There are a number of allegations levelled against the Chief Justice but as is the case in all civilised countries everyone is innocent until proven guilty. So we should all accord Chief Justice Iftikhar Mohammad Chaudhry this privilege and not accept the allegations put forward by the government on face value. Only a proper and independent inquiry in this matter can give us the real account of this fiasco. Every state needs an effective judicial system for it to enforce laws and maintain order in the society. Moreover, a well functioning legal system enables people to maintain their businesses, enables commerce with the outside world and allows people to enjoy their rights, which form part of their social contract with the state. The rule of law is imperative and a necessary condition in any state, for it gives legitimacy to those who govern and protects the governed ones. How are the courts going to protect the masses when the highest officer of the judiciary cannot speak his mind against the elements of power? The Chief Justice of the Supreme Court of Pakistan is the highest position with respect to the judiciary and he is a figure who deserves reverence and respect. He is the beacon of justice and hence has a special stature in the hearts and minds of the masses. How can he be fired without any evidence? Is this justice? This is an example of abuse of power on the part of General Musharraf and illustrates the bust vision General Musharraf has for Pakistan. It is disgraceful for a military General, who usurped power in an unconstitutional manner, to suggest the highest judicial authority of the country has misused power. This is not the end, the official residence of the CJP has been besieged by heavy contingent of police and agency sleuths, without any justification.

Muhammad Zafar Khan Safdar, Pakistan - 15 March, 2007

Non-Functional Chief Justice

Our constitution has become a laughing stock for the whole world.Those who themselves break the law and slaughter our constitution are now talking about protecting the constitution supremacy .we take oath to protect our constituion and break it for our own convenience.Five years down the road since his October 12, 1999 military takeover,he is still holding two position which is against our constitition .Starting from his coup against nawaz sharif and the historical phoney referendum till making of kings party not to mention LFO ,all was a blatant display of illigitimate rule and dictatorship .There was nothing constitutional about it .Under the constitution, a man in uniform cannot contest a presidential election but here he is still preaching us with his sham enlightened moderation theory of decade .how many times we were duped on the name of "national interests" and how long the same scenario will prevail in this country where one man is ready to rip us off from our basic rights .where banning the channels seems to be the best option when they are trying to tell our nation the true picture of the sorry state of our country .It is very clear to me that president is not very fond of our constitution ,then why bother having one .why having a judiciary ? when we are bent upon crippling it .we should hang our heads in shame that we as a nation are so meek that we let this happen to us over and over again and never learn any lesson .

aishasana, Pakistan - 16 March, 2007

Constitution Democracy Islam Basic Human Rights Applied

The Constitution of Pakistan guarantees the freedom of expression through Article 19, subject to reasonable restrictions "imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan..., friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence" (158).
Glory of Islam is being Abused - Who did it in Pakistan - Civilian govt or Military Govt !

Charges seem debatable under 209 ... 209 States
1. There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. 2. The Council shall consist of, a. the Chief Justice of Pakistan; b. the two next most senior Judges of the Supreme Court; and c. the two most senior Chief Justices of High Courts. Explanation: For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts. 3. If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then a. if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph b. of clause 2., and b. if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place. 4 If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority. 5 If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court, a. may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or b. may have been guilty of misconduct, the President shall direct the Council to inquire into the matter. 6 If, after inquiring into the matter, the Council reports to the President that it is of the opinion, a. that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and b. that he should be removed from office, the President may remove the Judge from office. 7 A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. 8 The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. Democracy of Canada USA UK with Court methodology has been abused in my case in a sense - no one should be in court to create what is being
discussed.

Magnify it for the sake of glory of Islam for glory of constitution for glory of democracy process for glory of basic human rights in pursuit of freedom liberty
happiness and basic right (guaranteed)even if it be for the abolishment Rich BUSH allied or religion in general or for restoration of womens right .Mind you I am not against Pervez musharaff Shaukat Aziz BB or Nawaz sheriff UK Canada USA or India democracy .or such other applications where it may apply..


zmb, Hungary - 16 March, 2007

Constitution 8th amendment to remove corruption

Constitution of Pakistan, Article 58)
The Eighth Amendment with 3 invokation thrice (1990s) 8th amenment use was justified by the President as necessary, for the removal of corrupt governments that, he asserted, had lost the confidence of the people. Elections were held each time that caused the ruling party to lose its majority or plurality in the National Assembly


zmb, Hungary - 16 March, 2007

The Big "HYPOCRITE" Strikes Once Again

A man who is in power illegally, unconstitutionally, is once again speaking about true democracy, rule of law and constitution in the wake of the suspension of the Chief Justice of Pakistan. The people of Pakistan need to decide whether they are going to keep this man and his company in power and let them destroy the image of Pakistan and its Armed Forces any longer. It is time for everyone to stand up and come out and take the Country back from this dictator and return the rule of their land back to them. The army chief has no constitutional power to summon the Chief Judge of the Country to the residence of the army head and suspend him.All of this and whats happend since October 1999 is happening without the rule of law of the land.

If the constitution and rule of law of the country was upheld today than most of these people in power would not be in power but behind bars.

Jamil Akram, United Arab Emirates - 16 March, 2007

Caesar of Islamabad

Musharraf & his companions are on war path,not only against CJ but also against all the norms of good, decent governance.
Doesn't he realize that nation is fed up of him ? Caesar's wish is no more a command.

Bairam Khan, United Kingdom - 17 March, 2007

The Chief Justice – Iftikhar Mohammed Chaudhry

IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL

The Chief Justice – Iftikhar Mohammed Chaudhry

Iftikhar Mohammed Chaudhry must be congratulated for his bold stand against the unlawful action and abuse of power by the President. We, Pakistanis, should be ashamed for President’s conduct since he took power illegally. Nation, especially the lawyers, seems to be awakened by the President’s illegitimate cruel steps. Internationally, especially the Pakistanis, should strongly condemn this and pressurize the President to resign on his both posts – he must go!

President does not want him to do good for the nation. He could not digest Chief Justice’s action against steel mill, the missing Pakistanis, Police conduct, ban on Basant, (kite flying), action against land grabbing of MNA etc., and relief to thousands of individual country men against the bureaucracy.

There was a robbery in my premises. Police was reluctant to arrest the gang leader and recover the robbed goods. I wrote to almost all-top administrators including the Chief Justice. He took quick action. Possibly he warned the top police officers. Gang leader was arrested and robbed goods recovered.

Mr Musharaf does not want anyone to do work independently! This is the Pakistani-politics!
Chief Justice has done extraordinary mammoth job. He may have made some mistakes. To err is human and persist on wrong deeds is devil’s work. Chief Justice’s accomplishments may wipe out his bad deeds if there are any? President and his “Lota”-party, (Qaf-league & Co), is sure of stern straightforward actions during and after the coming election! As a result he has been removed from his office.

Now is the time – now or never basis – that we Pakistanis stand up. Force him out of his both offices and make the Chief Justice President of Pakistan – for the pains and love he has for the nation. May all bless us and help us, Pakistani especially, for this change.

Muhammad Ahmad
Ahmad Town, Burj Atari
Sheikhupura District




Muhammad Ahmad, Pakistan - 18 March, 2007

A case of a missing Judge

Like many Pakistanis, I am baffled as to why justice Rana
Bhagwandas has not shortened his vacations & return to Islamabad at this moment when Judiciary is going through crisis. Is it a self imposed exile or he has been given a signal to stay away until current political unrest is over ?

Mik, United Kingdom - 18 March, 2007

OPEN LETTER TO LORD CHIEF JUSTICE

Dear Honourable Lord Chief Justice Iftikhar Mohammed Chaudhary Chief Justice of Pakistan,

Re: Chief Justice of Islamic Republic of Pakistan

We at the Association of Pakistani Lawyers (APL) along with fellow English Judges & Solicitors of the Supreme Court of England and Wales as well as members of respective regional Bars and ex pat members of APL refer to above and we jointly express our deep sorrow and dismay at the ‘ill treatment’ of current Chief justice Iftikhar Mohammed Chaudhary at the hands of local law enforcement agencies police on the 13th March 2007 as well as your continuous detention of which Acting Chief took a suo moto notice and we have jointly demanded exemplary punishment against all those involved in decision making to implementation of those unlawful act(s).

We all jointly appreciate in the highest terms of your unprecedented determination to face allegations against yourself at SJC and your decision not to resign from your constitutional position. English media declared it a 'Judicial Error’ as was the editorial in The Times newspaper (London) on 14 March 2007 at the following link: http://www.timesonline.co.uk/tol/comment/leading_article/article1511796.ece and We call it a Political suicide.
We assert that rule of law has its own price and at this moment Pakistan needs a ruler who can make rule of law a distinctive feature of his governance and eradicate all the evils in civil society and ensure justice at the door step of a common man. Only fair, fast and firmer justice and free elections can ensure that no one dares to breach the core essence of Pakistan’s constitution. We need a strong system not couple of sham dismissals to deter political activists to work for the cause of Pakistan. Federation and future of Pakistan lies with democracy which is not possible unless and until free elections are held under independent care taker set up and Judicial Independence is guaranteed as per the letter and spirit of Constitution.

All the lawyers at APL jointly expressed to communicate that Pakistani people can live in poverty, restlessness, without food, hygiene or modern facilities but they can not live in an ‘unjust society’ where might is right is applied as a principle. Unless people get their basic rights as per right, democracy can not flourish and if the Chief Justice a guardian of justice in the country is not safe from the brutal, unbridled force of the law enforcement agencies when we can not complain what we saw the brutality of young son of a missing father who was baton charged and humiliated in front of capital’s main hotel at the hands of local police for protesting against the unlawful confinement of his father.




It’s a dangerous tendency to try to tame the important pillar of state and intimidating the honourable Chief justice and only Supreme Court itself from its own internal mechanism can address and challenge it and may save this institution by due consultation, wisdom, patience and honour and we wish all the judges the best in their endeavors to bring us all out of this ‘constitutional quagmire’ and worst crisis of the country.

We agree that personalities are not higher than national interest and sometimes, one ought to sacrifice personal pride and interest upon supreme national interest.

Once again we all are grateful for your access to us. Please do not hesitate to contact the Association at 01706-346011 if we can be of any assistance and we look forward to hearing from Supreme Court a statement which has become a public demand a surety of indiscriminate ‘justice’ for all .

Yours faithfully,
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England and Wales
Life Member SCBA (Pakistan)
Chair Association of Pakistani Lawyers (UK)

List of Council Members, Executive(s) and delegates of Association of Pakistani

Amjad Malik, United Arab Emirates - 20 March, 2007

CJ is not inocent

Why Lawyer are so concern about CJ. I am sure president is doing right thing to catch CJ thats why all judges who are scare rhey are running out to resign. thais good for pakistan that we catching big fish. that will enough to scare other bad fish in the pond.

Rashid, Pakistan - 21 March, 2007

what?!

I dont know why people call this a crisis, musshraf had a reason and power to carry this out and he did. I think the protests my the opposition parties e.g. ppp is useless as they would oppose anything musharraf does. As for the lawyers, i think its a shame and shows what kind of lawyers and lawkeepers we have. The lawyers who are supposed to help innocent and evict guilty and run the law and order to sme extent are themselves causing problems for the police, creating riots, acting like wild mobs and breaking laws...its a shame seriously...and for all the democracy losers out there, mushrraf is way better then all the fraud, greedy political parties...

uzair usman, United Arab Emirates - 21 March, 2007

Ficticious bills illicit Judges Alt disp R via relatives in Canada UK EU India Africa

Operative winners are operating by fraud amid Mass Murder behind Leaders of Mafias calling themselves Bush Blair Hon Ministers King K CIC CEO ethnic Cult Alqaeda Gurus.

You cannot keep individual from graduation to death by building own leadership family contract in the name of democracy.This is what they did so far. Now they have climbed lowest of low(at point blank range) Ministry of Ontario Court and alt Dispute Resolution
Amid fake energy bills municipality lately have grabbed entire homes lung heart
Of working and denied people with relatives at home as minister in double way contract flow and shipment of DNA.This is democracy this is globalization in lieu of life time denial of Democracy Kind Judicial review kind.


Z_Belal, Canada - 21 March, 2007

Hands Off - Chief Judges be respected and Restored

Goods coming out of Repentance and Istikhara from Non functional Chief
Justices or Judges of Earth and Heaven. What happens if you’re Elderly Judge Parent Statesman of Democracy Bush Blair Harper CEO Ministers Gandhi become repentant after becoming none functional (From little bit of lie or slanting)?

Honestly dishonest Lie or slanting even by elderly come to gain something .i.e.
Sympathy finance or Attention amid resulted Ruin.


Z Billo, Pakistan - 21 March, 2007

 What do you think about the story ? Leave your comments!

Heading (Optional)
Your Comments: *

Your Name:*
E-mail (Optional):
City (Optional):
Country (Optional):
 
 
Field marked(*) are mandatory.
Note. The PakTribune will publish as many comments as possible but cannot guarantee publication of all. PakTribune keeps its rights reserved to edit the comments for reasons of clarity, brevity and morality. The external links like http:// https:// etc... are not allowed for the time being to be posted inside comments to discourage spammers.

  Speak Out View All
Imran - Qadri long march
Artilce 6 and Musharraf Trail
  Quick Vote Show Results
Question: "In view of the current situation do you think Talks with Taliban should take place only within the ambit of Article 4 of Objectives Resolution that defines our Common Purpose i.e. PM/ President down to all Pakistanis to work till we achieve the rights of Democracy, Freedom, Tolerance and Social Justice for all Pakistanis:"
Yes
No
 
Candid Corner
Exclusive by
Lt. Col. Riaz Jafri (Retd)
Gullu Butt sent to prison for 11 years
Sweden becomes the first E.U. member to recognize the state of Palestine
Suggested Sites