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Non-Functional Chief Justice

14 March, 2007

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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:

This is a shame and I think shame for Pakistani nation not for Musharraf, judges or lawyers. It is so disturbing to see that CJ is being fired or harassed on day light.
But why?
Number of reasons, Judiciary has never been independent because of corrupt judges, politicians or leaders don’t normally hire lawyers (if they are facing legal charge), they actually buy judges. I have noticed “Pakistani judges” like to be involved with politicians and leaders. They like to have close relationship with executive. Other hand, our lawyers are acting like our failure leaders. Their protest is justified but protest with respect and dignity is more effective then fighting with police force. If lawyers think this is unconstitutional, they must fight legal battle, if judges think this is a clear violation or direct attack on judiciary, they must sit back and think hard how to maintain the independence of judiciary. There is a well defined law and there is a constitution that is very explanatory and clear to lawyers and judges. They must not make judiciary a mean of earning but an institution that provides justice and they must make it clear to so called politician or leaders (99% corrupt and unprofessional) that we as a judiciary will not allow you to cross the limits. Our judges must take notice by the help of lawyers of all government activities including power, and right to rule the nation.
Judges should have power to make these leaders understand its importance by sending them to jail, if judges cannot perform effectively and freely these leaders will continue to play with judiciary whenever they want to.
It is a very good opportunity for judges, lawyers and entire nation to work together to maintain the independence and supremacy of judiciary.
My appeal to all Pakistani Lawyers, lets not act like jugglers, you are educated & qualified people, try to create good example by defending the law. Go to the courts and defend non-functional judge and bring him back. And my appeal to judges, please keep distance from politicians and protect the constitution so that our nation can have faith on you. If you as a judiciary earn nation’s trust, no power can throw you out.

In order to protect judiciary we have to make tough decisions and no doubt this is the right time.

zulfikar Tanoli, United Kingdom - 22 March, 2007

Follow the rules of Civil Procedure (Home and abroad)

Currently I filed a case against HM Q in Right (By Rule of Civil Procedure in Ontario
Court). I noted them default officially. As you know there is no motion to strike out claim of Default by Motion .Such strike out act is illicit and such other extension is illicit specially If it has been ongoing for many decades to promote globalization amid continued strike out of every thing in Ontario Canada EU This is for denial of
Democracy to work pension to basic rights sickness health or record of antiquity ID
Home or basic granted to even asylum seeker let lone the best trained finest case
Of benefits qualification under normal circumstance using normal method.

.It is decade of global thing at my Cost! Why not Review it with oath without oath via ADR via Third world Judiciary or anything you call global democracy before going to next step of globalization.

bmz, Hungary - 22 March, 2007

Honestly without fear or favour In Noting of Default Judiciery claim

When you file HM Q in Right you file against Ministers and department
Of Attorney Generals and Lawyers. In the last episode they were also
Same people same place and also involved 700 lawyers law firms and Law
Society.Noting them default after their filing intend to defend is not easy.
I was an Engineer by profession who had studied in Madrassah Indian and
UK universities.I studied Law in MBA equivalent ICI kanpur
Boss and one Pakistan Atomic Energy Doctorate shared the same university
Which HMQ in right denies in swindling business of democracy making
Mockery of Judiciary.It is stupid to develop which never went further
During Single Pakistan(minus Bangladesh) period.

First one was in 1978 (starting 1973) others in Between.In the process also came which they called Federalism Juciery and Provincialism judiciery.
Amid globalization of judiciary they and their lawyers did the same and
Broke the law .Single handedly I wrote all documents including judicial review
Statement of claim court of appeal and tribunal and HRC papers.

Amid 55-60 court litigation appearance which only went to the extent
I gave away House deed with asset. They deducted as much as $5000/
( Rs250000/-) per appearance to Rs 50000/) per 10 minutes to 30 minutes
Judicial review. Neither they are functional nor Ombudsman nor Human rights
Commission of Raj Anand HR Commissioner and Law firm owner
or law firm of David Peterson former Premier Of Ontario. In the interim
I am Tom Hank of terminal amid stories of Confessions of Vancouver
Lockerbie Gadafi payout to London Strand Court Tokyo Sikhs to water
Business of Vancouver.

Are you really lawyers with Supreme Court and Democracy or what have you?
Do you feel proud to have federalism provincialism .If you are developing fraud intimidation Since Pakistan split into 2 or since short history take note this
Problem with all the wars nd push and pull of democracy judiciaries.

You are engaged in raw crime. Why not establish Rabta with me retroactive
to confirm what You Your Judiciary delivers what you sponsors of Terrorism
delivers .In my post I write facts with True names and period.I always did for
decades. IT info collection is mockery too. One is current and fresh of within
3 months As of today.Think of my skill with contents quality (researched) new item
usually I write.

zmb, Hungary - 25 March, 2007

Sharks Suurounding Pakistan

Pakistan stand firm on the ground, but our own people pushing towards the ocean and sharks are ready to attack us. East Pakistan swallowed by these Sharks in the past. Imagine in the last eight years we have achieved the most unbelievable, which we did not in past decades. Finally we are trying to achieve the level of excellence that all foreign countries are enjoying presently. Chief Justice is not thinking right and must resign. What happened in Iraq would not happen if Saddam stepped down when told. Our opposition political parties, consist of downers who think themselves the ambassador of Islam have no idea how they invite our neighboring enemies to take advantage to interfere in our internal affairs, and in the past they have poured money to use the innocence of those people who had no political or educational background to understand the situations of Pakistan. Sorry to say Imran Khan is another example of this stupidity, and Benazir and Nawab Sharif they are rejected parties, who stole billions. Our attorneys and Lawyers have more prestige and integrity and I do not believe that they are the only people who are wearing black jackets. We must unite and do not let our enemies take advantage of this situation.

Aslam Sheikh, Pakistan - 26 March, 2007

Half empty or Half full ?

The anecdotes of the General are they half empty or half full.After watching the NYT video and public stripping of
the teenager by the police!

Khalid Rahim, Canada - 28 March, 2007

Nonfunctional chief justice

Justice Iftikhar Muhammad Chuodry is making objections on his forced retirement or sending his case to SJC. He is indeed suffered from either political or personal malice treatment. But will he please tell us how many cases of either forced retirement or dismissal were pending before him? Has he provided justice to the affected ones? Is he right in demanding justice for himself, which he refused to thousands? Are there not similar cases which are pending for more than ten years before him? He is demanding justice for himself but did he make justice to others and that too in days not years! There are thousands of cases of this nature in Supreme Court but no observations of the nonfunctional chief justice that can benefit him or make his case stronger. He denied justice to others in similar cases but they have still sympathy with the CJ.
Muhammad Riaz,

Muhammad Riaz, Pakistan - 28 March, 2007

We congratulate the team from India for their acheivement. Mr Musharaff is from Delhi & new CJ is from our own mind. Indians are sure that one day there will be peace between India & Paksitan. India has a wonderful judiciary, and could possibly help im matters of crisis in Pakistan Supreme court, if asked.

Bhagwati, Hungary - 28 March, 2007

Bhagwati, You are very,very clever! I can see your point! You mean all our executive, military & judiciary under your judicial control. Ha, Indians are so clever! I always told my small children. You are saying "one india policy". I dont know, maybe, sometime. Anyway i got my brothers & sisters in India. So, I dont mind. I definitely like democracy.

Nawaz Sharif, Pakistan - 30 March, 2007

Crisis in the Judiciary

It is a very sad situation for Pakistan.How can we be a civilized nation when there is no guardian of our rights.

Anjum Paul, Pakistan - 01 April, 2007

Idea of Pakistan -Iran Democracy Judiciery with Muhammad PBUH Judiciery Inclusion

Judiciary of the Western Style Democracy could not manage on its own. Inviting UK
USA India Ministry of Law is no good for they are the root cause for mishap. Keeping Status Quo is detrimental. Mountain cannot be climbed by looking at them For
Judiciary Solution evaluation. Simply putting the clock back to start again by bringing in unilaterally will require waiting period with more back log of cases. Opposition is out there for firing of present regime for firing dynamic Pakistan Team under Pervez M
-PM Shaukat Aziz.

Perhaps Iranian Law minister can mediate and propose solution with knowledge how to deal hundreds of thousand cases successfully. Iran judiciary is civil litigation judiciary
With a Quranic expert judge present. To head two system in one is better than none functional one. Iranian system can Fulfill Pakistan civil case - democracy with
Quranic in Judicial Governance is essential minus Cannon law or Cannonized
Catholic Pope or UN or Oil / Gas pipe dream.

benz m Ispahani, India - 05 April, 2007

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