Pakistan News Service

Saturday Dec 16, 2017, Rabi-al-awwal 27, 1439 Hijri
Logo Logo
LATEST :
Pakistan News Home -> Speakouts -> Speakout

Restoration of Chief Justice

23 July, 2007

  Related News  
Justice Jilani to 'review' use of suo motu powers
Tumultuous end to a whirlwind era
  Related Articles  
The Chief Justice
By Col. Riaz Jafri (Retd)
Terrorists Attack The Court And The Citizens In Orgy Of Bloodletting
By Mohtarma Benazir Bhutto
  Related Speakout  
  More on this View All
  Related News Poll

A 134-day long judicial crisis that haunted the entire nation has come to an end as a 13-member bench of the Supreme Court reinstated the suspended Chief Justice Iftikhar Chaudry, and set aside the presidential reference against him.

" The chief justice is reinstated", as soon as Justice Khalil-ur-Rehman Ramday, head of the 13-member bench declared at a heavily-packed court room at Supreme Court building on a warn evening, thousands of lawyers and political activists raised vociferous slogans of " Allah-o-Akbar", " long live Iftikhar Chaudry", and " military rule unacceptable".

Justice Chaudry was suspended by the military ruler General Pervez Musharraf on March 9 on the charges of misconduct and misuse of authority.

The supreme court bench in its short judgment rejected all the charges against Justice Chaudry, who re-assumed his charge after the apex court`s judgment.

President General Pervez Musharraf and Prime Minister Shaukat Aziz have announced to accept the apex court`s judgment with its letter and spirit.

Analysts believe that the apex court`s judgment will increase pressure both on General Musharraf and Justice Chaudry as various key issues like uniformed president, and presidential elections from incumbent assemblies, are likely to be moved to the Supreme Court.

The judgment has also left prime minister under immense pressure to resign, though, he had nothing to do with this reference. " Someone has to sacrifice now. And in my opinion, he (Aziz) is the most suitable scapegoat at the moment", Ayaz Ameer , a senior political analyst said.

Here are some questions questionsrn
1)Is this judgment beginning of a new judicial era in Pakistan?
2)Is this destination of the lawyers` struggle or should they go ahead for restoration of civilian rule?
3)Who should resign, the president or the prime minister?
4)What lesson should the political parties learn from lawyers` struggle?

Reader Comments:

The Butting Game.

Let this be a lesson for our
institutions and their Heads.
Stop playing pin the tail and
butt the ram.Now is the time
for the three Institutions to
restore the 1973 constitution
and restore their integrity.

Khalid Rahim, Canada - 24 July, 2007

Its a drama

either its a drama (game) played by the government or its a union of lawyers created against the government. Actually the case i was sure that CJ will win because all the judges were fearful as tomorrow the same thing might happen to them.. as everyone knows that a judge can be appointed by the PM but cannot be removed even by president its the only perminent post in pakistan.. so if CJ was dismissed then other judges might start getting references.,.

jin, Pakistan - 24 July, 2007

Welldone

I am Senior Journalist of District Thatta Sindh Pakistan and I have been visited your website which very useful and intelectual please:

Abdul Hussain Mendhro, Pakistan - 24 July, 2007

This whole Chief Justice Iftikhar Chaudry suspension was blown out of proportion. The political parties exploited the issue to start movement to remove Pervez Musharraf from power.

Iftikhar Chaudry re-instated by Supreme Court is not to my liking. This might be the right decision interpreting Constitutional laws but when looking from the perspective of Pakistan's security sovereignty economic growth and stability which Pervez Musharraf government achieved since he took power removing corrupt civilian politician is more important than brining back this phony Cheif Justice. Pervez Musharraf is the best chance Pakistan has to keep its economic growth and and join the developed nations of the world.

The democracy and civilian rule is a beautiful slogan created by rich elite to control the poor people of the country. Democracy has become the tool of oppression used by politicians to protect the interests of big corporations. Democracy is not working in USA why people believe it will work in Pakistan? More on democracy some other time when I have more time.

Pervez Musharraf or Shaukat Aziz both must retain power for the better interests of Pakistan as a nation. Pervez Musharraf has to change his domestic and foreign policies. Benazir or Nawaz are the only option we have with civilian government and that will bring corruption. Pervez Musharraf holding Presidential power in uniform is guarantee for better prosperous Pakistan.

QB, Pakistan - 24 July, 2007

CJ Reinstated

It is a matter of great satisfaction for the nation that the SC’s verdict has been accepted by all, and as Justice Ramday said in his concluding remarks, there are no victors and no vanquished ones. Rising to the occasion the President, the Prime Minister and the Law Minister have publicly announced that whatever they had done was in good faith according to what they considered to be constitutionally correct, but now that the SC considers it otherwise, they would honour its verdict whole heartedly without any rancour or acrimony against the CJ, the higher judiciary or the legal fraternity of the country. It is indeed a healthy sign for the country and the nation would, therefore, be justified in expecting a similar attitude and conduct from the ‘winners’ to show the grace, maturity and the sportsman like spirit.

While the SC is being lauded by everyone for upholding the independence of judiciary, I think Musharraf government also deserves a word or two of praise for keeping itself religiously aloof of the proceedings. Everyone knows what all can or could a ‘military’ government (as is the opposition so fond of calling Musharraf govt.) do if it wanted. But hats off to it for respecting the independence of the judiciary and not interfering in its work in any way. Incidentally, some of the statements of the CJP’s lawyers –such as, ”We will not accept the verdict against us”, or the “SC must decide the issue in accordance with the wishes of the people,” and one even invoking the SC to show the unanimity with a judge the way the army generals do for each other, etc. are not only un-ethical for the lawyers to say but tantamount to pressurising and belittling the authority of the apex court. I am sure the full bench of the honourable Supreme Court arrived at its decision entirely on its own and without taking into consideration such unbecoming statements and demands of some of the lawyers.

As the judgement announced was ‘short’ and some of the similar petitions filed by others are yet to be disposed off, and so is the verdict on some of the other issues of the reference yet to be given, a layman like me not given much to the legalities wants to know:


1. Is the matter of the CJP the honourable Justice Muhammad Iftikhar Chaudhry over for good? I hope so.

2. In the reference there were a few allegations of nepotism (employment, transfers, promotions etc. of his son Dr. Arsalan) and corruption charges (purchase of petrol for the cars including that of his son etc., misuse of Merc instead of 1600 cc car and having several unauthorised cars etc.). Were these allegations looked into by the court and found incorrect or these being not the concern of the court who was mainly adjudicating the maintainability of the CJ’s Petition, have been just dropped off? I hope these allegations were looked into and found baseless and incorrect.

3. If not, what will happen to those allegations, even if they are of minor nature or as someone remarked somewhere that who in the power doesn’t do such things. Whatever the ill-placed justification, one wrong cannot justify another wrong. Or,

4. Is the CJP above law and accountability?

5. If not, then as the article 209 of the constitution is silent on the composition of the Supreme Judicial Council in the event of its hearing a reference against the CJP itself, who will look into the reference when one is raised against the CJP?

6. Raising a reference against the Chief Justice of Pakistan is a no ordinary matter to be dismissed like that. At the same time, it is totally unbecoming the Chief Custodian of the Law of the land to indulge in any manner of corruption or nepotism. Now either the CJP has committed the acts of omission or commission or not. If not, the accuser be made answerable. If yes, he should be proceeded against. Both side must be made accountable and who ever is at fault must be penalised legally and judicially. That’s how the mutual respect between the judiciary and the executive – old arch rivals – will emerge to last for ever.

Col. Riaz Jafri (Retd), Pakistan - 25 July, 2007

I would like to ask the Chief Justice a question. How many times in a month did he address bar meetings before March 9 when this whole drama started. Even he had to resort to use the public opinion to influence and bias the Supreme Judicial Council and used the lawyers to fight his case on the street, he still has to answer the question about misusing his office as his son's appointment was made in defiance of rules and regulation.

In other civilised societies, the integrity of the members of Judiciary is un-questionable. In our case it has been tainted now with allegations. It is the moral duty of the chief justice to satisfy the nation with a convincing reply or resign.

M. Abbas, Pakistan - 25 July, 2007

President and Prime Minister should Resign

With the Grace of God our Supereme Court has restore mr Choudhary. This show the Victory of True Faith OVer Bad Faith of Army Person. So Mr. Musharaf and Aziz Must resign from their jobs as their reference proves on fake.

Muhammad Khan Buzdar, Pakistan - 26 July, 2007

good

cj iftikhar shaib mubarak hoo aap ko aap nay apna case jeet liaya hai


malik, Sweden - 26 July, 2007

Human-Trafficking is no economic growth

The restoration of Iftekhar Chaudary is indeed the restoration of Pakistans dignity and a prime example of judicial activism lest no one would have been in doubt that Pakistan is a banana republic governed by a banana President who gloats and swells in serving the interests of his foreign masters ahead of serving the interests of his own countrmen and yet continues to have the backing of the majority of his countrymen . He claims economic growth . What Economic growth ?Economic growth based on human-trafficking is no economic growth at all . He arrests and surrenders Muslims to infidels and collects prize money - He bombs and kills his own countrymen and collects blood-money from infidels and shamelessly calls it a economic growth . Woe on to him and to those who collude and applaud this economic growth ! True economic growth is the IT-based and Industrial-based economic growth what one witnesses in neighbouring India , China and Malaysia . All political parties including MMA and Musharaff like a hand in glove are all together . MMA,s silence during Lal Masjid saga and Mehsud's killing in a MMA safe-hose is a big question mark on the credentials of MMA as an Islamic Party . The ultimate destination of the lawyers struggle should go beyond as what one brother suggests on this site to establish the Islamic form of Governance - The Khilafa .

Faiz Khan, Pakistan - 28 July, 2007

Help out now

Now the CJ needs to fight for the rights of the common man.

Imaan Hazir, Pakistan - 29 July, 2007

Restoration of constitution

Builder of Pakistan was a Lawyer,the first Historical victory against Military dictatorship we achieved only because of Lawyers struggle and this struggle should carry on untill we achive the following objectives.
1-Restoration on 1973 constitution in orginal form.
2-Punishment to those who voilted the constitution as per 1973 constitutional act.
3-Dissolution of the currupt Police department the "CORE" institution of curruption,crimes and voilence.
4-stop taking dictation from west and new parliment should decide Foreign policy not a "SINGLE DICTATOR"
5-A supreme council formed by members of both houses to controle the Army,their budget and to keep them serving the borders not to Rule the Citizens of Pakistan.

Abid Butt, United Kingdom - 29 July, 2007

Restoration of Chief Justice

Chief Justice –Heartiest welcome part -1
Honorable Justice Ramday wrote history, a landmark decision which will be referred till civilization exists, under barbaric rule and worst circumstances. Justice speaks by itself, when judge writes a decision; its wording strikes on the brain and heart of peoples, aroma of truth and wisdom of sentences strengthen the faith and trust on law and justice, subsequently carry structure of society on positive direction and bring good name for the state and its administration. If you may see other side of the mirror, worst example could be decisions of Justice Irshad Hasan Khan, which lead whole country towards negative direction, his decisions not only broke heart of peoples but also put swear impact on the society, general faith on the system was left to lowest degree and majority decided to sit at home instead of going to courts.
In world history there are a few personalities who are quoted in reference to their services for Justice, in century’s one person hardly achieving that position. It is a fundamental right of citizens that courts may listen to their grievances and set right wrong doings according to law. True Justice has a unique fragrance, which attracts needy and victimized peoples since centuries to knock the door for Justice. Men sitting on the chair of Justice always make difference.

This credit goes to Chief Justice Iftikhar Mohammed Chowdhry, who took daring steps, which kicked on the stomach of untouchables and ruined their future plans to rule on country without any hurdle. Justice Iftikhar Mohammed Chowdhry extended justice in all directions, from ordinary peoples to victimized politicians, he warned untouchables, stretched shackles around mafia. This was his fault for which enemies of Pakistan decided to teach him lesson. Writers and scholars will quote reference to his land mark decisions, and his brave struggle against pharos of the time.

Remember the situation of the country a few months back, when nobody was ready to go to courts, due to lack of trust on Judges and hopelessness, it was public feelings that “We know what court will decide, it is baseless to knock at the door of courts, judges are not in a position to independently issue any decision”. Why now circumstances have changed? Chief Justice has built a trust on courts with the help of lawyers, during hard times when his own life was on stake, CJ and Bar Councils played a significant role in bringing back hopes of peoples.

The case against Chief Justice brought admonitory lessons for Judges, how intelligence agencies trap judges on the name of friendship, spy on them, work as a mole and later become witness against them, how dictators try to use Judges for their cause, and all those so called friends turn their faces by standing in witness stand against their friend. Allegations against Chief Justice were baseless, in the light of country’s general environment of corruption, nepotism, sectarian and ethnicity. Every body knows what is happening around us. For comparison a news item is mentioned below.

Now question is whether “success” of Chief Justice and Lawyers community was considered as defeat in opposite camp, answer is no. CJ is dealing with most cunning and hypocrite peoples. Its example is civilized world around the globe, where there responsible peoples are forces to leave public offices immediately, in such situation. But when Mush realized that what he has done was entire blunder, he started telling conspiracy theories against him, it is first time in the history of nation, a Government is convicted to pay fine. There is no person in the country which can blame for his wrong doings, till he is in uniform, and responsibility of his security is in hands of other countries. If Mush is untouchable others are not, any other could be scarified any one out of PM, Intelligence heads, Long Arm of Qunoon, or state prosecutors who later received million of rupees to fight base less case, no body is held responsible. Instead Malik Qayyum is appointed as attorney general. This is first step in revival of confrontation which reflects immaturity. Peoples who are now suggesting, that Chief Justice is “Winner”, for their information it was not a matter of only winning, it was fight against victimization, brutalities, mean mentality, fascist thoughts, and oppression. That is why only poor and lower middle class extended their support to Bar Councils standing hours on the sides of the roads, cheering CJ and his noble cause.


InternationalProfessor, Pakistan - 05 August, 2007

Restoration of Chief Justice

Chief Justice –Heartiest welcome part -2

Some peoples have objection on a statement of CJ’s lawyers, that they will not accept any verdict against CJ; it created pressure on Generals to keep distance from Courts. More over brutalities of our intelligence agencies are known, in normal circumstances from any victim to Lawyer, intelligence agencies have power to pick any body without explaining their crime. Thousand are missing and more are being killed, latest example of state terrorism against Jamia Hafsa students is in front of every one.
Matter of chief Justice is not over, extra ordinary precautionary measures are required for his safety, Bible says snake always bite on back of the heel, lawyers and CJ must not trust in any condition on persons who left no chance to drown them for ever. Messenger of Allah Says: Momin Kabhi Aik Sorakh say Dobara Dasa Naheen Jata”.

Since Chief Justice has restarted usual business again, we have chance to listen his some remarkable decisions, which have amplified soft image of Pakistan to out side world, Today BBC and western media in international news, first time, gave sufficient time to acknowledge current decisions. Such as release of Javed Hashmi from prison, sentiments of the peoples, background of fake mutiny case, highlight of Javed Hashmi address, and true picture of Lal Masjid massacre. Peoples who have the notion that by removing trousers soft image of Pakistan will boast, they are quiet wrong and were dragging public from smaller evil to larger evil. We did not see since last seven years any thing except showing western media with dead bodies and horrifying faces of the Pakistanis, shouting with anger in front of camera. It is first time that efforts of an institution are acknowledged on international level and smiling faces of Pakistani peoples have shown around the world. This credit goes to CJ for bringing back hopes of the nation.

We don’t ask any thing personal from Chief Justice and Bar Councils, but we request them to break those hands which pressurize courts to issue political motivated judgments, kick out corrupt judges who justify dictatorial rule and receive bribes. Keep up helping naked and hungry peoples of Pakistan, make justice easily accessible to them. Bring all dons and heads of mafia to be answerable to courts, no body should be above the law including Army, and uniformed so called President. Don’t worry let some sycophants raise mud.

A Pak Major General accused of using 11 cars, 53 servants

Friday 15th June, 2007 (ANI)
Islamabad, June 15: A Pakistan Muslim League (PML-N) legislator has accused a Major General rank official of gross misuse of power, saying the army official uses 11 cars and 53 servants for his personal works.

PML-N legislator Khawaja Muhammad Asif said in his speech on the budget in the National Assembly that he had received a letter from an official of one of the institutions of the army about the misuse of powers.

"A serving Major General was using 11 cars for his personal use and had 53 servants. There is name and telephone numbers of the person who wrote the letter to me," The News quoted him, as saying.

He refused to read out the whole letter by saying the "elections days are coming closer" and mentioned the sentence to Makhdoom Javed Hashmi four years ago for reading a letter in the cafeteria of the National Assembly during a press conference.

Asif expressed surprise as to why the corporate economy of the military was not being discussed and said they were running one of the biggest transport companies of the country in the shape of the NLC, the biggest cement industry, fertilizer industry and even real estate business.

"The Army is being criticized for its political role and not as an institution," he said.

"When any standing committees of the Parliament summons any one of the business companies of the army, they say that they are private business, but when they face any financial problems, they come to the civilian government to bring them out of it," he added.



InternationalProfessor, Pakistan - 05 August, 2007

the real courts

The real courts affecting the common citizen's lives are the "subordinate" civil and criminal trial courts not the higher judiciary. These lower courts are the ones that are supposed to regulate the Police as well.
We badly need an independent and honest lower judiciary. To recruit the best candidates as a nation we need to give a higher status and remuneration to our judges (and also our Police and our School Teachers). A salary of 1 lakh per month for a City Magistrate or Civil Judge alongwith accountability mechanisms would overnight improve our justice system.

Dr Imran Ahmed, Pakistan - 07 August, 2007

very good verdict

when i heard the chief justice of pakistan has dismissed by army regime led by mr General Musharraf illegally i were shocked and thundered.As an advocate of Supreme court of Bangladesh i have an interested mind about the court of any country.After the re-instatement of CJ by the court verdict i feel ease about that.I want to express my congratulation and to praise salam to mr CJ for his bold utterence to restore the supremacy of judiciary.This precedent will appreciate all the people of this sub-continent for ever.

IMRAN AHMED'
ADVOCATE,
SUPREME COURT OF BANGLADESH.

imran ahmed, Bahrain - 09 August, 2007

thank God

RESTORATION OF CHIEF JUSTICE IS THE BIGGEST EVENT IN THE HISTORY OF PAKISTAN. I AM PROUD OF JUDICIARY DECISION. NOW GOVERNMENT WILL NOT BE ABLE TO TAKE DECISIONS OF ITS OWN WILL AND WE WILL BE NO MORE SLAVE OF OTHER COUNTRIES FOR OUR ELECTIONS AND COUNTRY DECISIONS....... THANK GOD FOR HELP OF OUR NATION

SHAHID SHAFEEQ, Pakistan - 09 August, 2007

Crazy

Firstly Im not a involved in politics but as per rule president has the right to file reference.point 2 saying it is illegal makes it more interesting. cuse if xyz is accused he needs to be first suspended and then investigated but the court failed to look into charges if they were guine


m, Ukraine - 11 August, 2007

It has been nice description

I have been visiting your website which very useful and intelectual for all age of people
Abdul Jabbar Mendhro,
Karachi.
Pakistan


Abdul Jabbar Mendhro, Pakistan - 03 March, 2008

Firstly Im not a involved in politics but as per rule president has the right to file reference.point 2 saying it is illegal makes it more interesting. cuse if xyz is accused he needs to be first suspended and then investigated but however president is the supreme authority in our country and its also obvious that president himself does not take such high level decission without consulting his horizontal management.




ABDUL JABBAR MENDHRO, PAKISTAN, Pakistan - 04 October, 2008

 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
Military Courts
Imran - Qadri long march
 
Candid Corner
Exclusive by
Lt. Col. Riaz Jafri (Retd)
Pakistan itself a victim of state-sponsored terrorism: Qamar Bajwa
Should You Try Napping During the Workday?
Suggested Sites