I still haven’t read it myself, but given the large circulation that it has received I thought it would be best to post it before I added my own comments. I will comment on it in due course once I have had a chance to go over it.
Update: I just read it. Please do read it in its entirety as it is brilliant. My comment follows the post.
Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan
My Lord:
I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate enrolled in the apex Court since 1984 and in the High Courts since 1972; as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench; and as a stake-holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.
Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the Court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.
I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman, Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief Justice Mohammad Haleem and how the Court functioned under them in the 1970s/1980s.
I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan, Muhammad Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the Court.
I was appalled at the manner in which Chief Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz Ahmad, when he was the Chief Justice.
I was horrified by the establishment of a Bench of five judges constituted by Chief Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General of Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.
I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you.
Alas this has not come about.
I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the Supreme Court and hooters, police escort, flags is just fluff, not the substance of an office).
I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of aMercedes-Benz car or is it cars, the use of the Government of the Punjab’s airplane to offer Fateha in Multan, to Sheikhupura for Fateha on a Government of the Punjab helicopter, to Hyderabad on a Government of the Sind’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.
I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is a case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau (NAB).
My grievances and protests are different.
I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.
I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.
In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr. Sher Afghan Niazi.
On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.
If Mr. Khalid Anwar, a former Minister of Law and Parliamentary Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this manner, the fate of lesser known lawyers would certainly be far worse.
My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.
My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is dismissed”.
Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the Constitution commands to be inviolable, we suffer discrimination in your Court.
I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”.
The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.
I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”.
My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.
My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.
I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.
My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.
Yours faithfully,
NAEEM BOKHARI
Advocate
Supreme Court of
Pakistan
Islamabad, Pakistan
Having read the letter I am in a position to comment. I would say that this definitely is a brilliantly drafted letter. It is open, bold and makes a lot of brave arguments and comments. Before this I knew Naeem Bokhari as a TV personality and a freelance lawyer of note. It seems that he is much more than that, a voice that is able to speak against the most important judicial appointment in the country.
He mentions the ‘media circus’ surrounding some of the cases. I would agree that it is only under this Chief Justice that the public has generally become aware of its suo moto (also referred to as suo sponte meaning ‘of one’s own accord’ when the court takes up a matter without a formal complaint being lodged) actions. If one is to go through the archives of Mr Cowasjee’s articles on the DAWN website you will find mention of many cases which this judge has dealt with taking suo moto action, usually human rights cases.
As I am myself training to be a lawyer this presents a sad state of affairs for those involved in the legal profession. My impression was that senior judges, specially Benchers of the High Courts and Supreme Courts, were honest people working to make our legal profession efficient and just. However, Mr Bokhari brings to light the corrupt manner in which the highest judicial officer is working and the brusque manner in which the judiciary is treating one of the most important group of Officers of the Court, the lawyers. Here I would like to quote his predecessor, Nazim Hussain Siddiqui, who said, ‘The Judges perform the most difficult task of judging the world, that is to say, judging men and matters. Let the Judges not forget that they are also judged by the world. The work of a judge is exposed to continuous scrutiny.’
It would be interesting to see how the Chief Justice responds to this. Has anything changed or given the general air of freedom, people have simply acquired a new and bolder voice? Will the author, notwithstanding veracity or otherwise of his complaint, be hauled up for contempt of court?
If all this is true, I am disappointed as a citizen of my country.
The Chief Justice of Sindh lives in his dad’s basement?!
Mildly amusing as that bit of trivia may be, the allegations made in this letter indicate a pretty dire state of affairs for the legal profession in Pakistan. One would expect the Chief Justice of the Supreme Court of Pakistan to be a most righteous fellow indeed … a true bastion of justice and the rule of law.
I must ask though, did this letter actually appear in the press? Given the nature of the allegations made, I would question Mr. Bokhari’s decision to go public in this manner. Not because I am against the idea of freedom of press/speech but simply because the effect on the general public will be but one - they will lose all confidence in the judiciary and the courts generally. Now thats a shame …
ahmed:
I have asked a couple of people in Pakistan about this and they do not seem to be aware of it. However, since this letter is doing the rounds on email I am sure it must have been published somewhere, or due for publishing.
The letter will not only have an effect on the general public’s confidence in the judiciary, but may, potentially, lead to Mr Bokhari being charged for contempt of court. After all, he is raising a finger on the Chief Justice’s honesty, integrity, independence and questioning the veracity of his judgements.
This letter reflects the utter helplessness and indignation of a man who has, as it seems, quit the profession. Although the ‘facts’ (obviously, unverifiable) revealed are completely new to all of us, the general themes are not: abuse of power, nepotism and a Supreme Court that is in the direct sphere of political influence (far beyond the appointment stage).
The essential question the letter raises is this: What option does a person in the legal profession (the epitome of which is serving on the judiciary) have given the current state of affairs?[This question resonates accross all spheres of life especially in Pakistan]
I would hope that the answer would be (of the two obvious options) relinquishing any position that you have (as Mr Bukhari) rather than further harming the foundation of the country (as many are doing). An argument put forward by some who say they fall somewhere in between those two options is that; to do wrong, to achieve what you rightly deserve and which is otherwise unachievable, is in fact right. I disagree.
I received a copy of this letter a week ago and was impressed by eloquence but did not find anything surprising. My sympathies are with Naeem - he spent considerable amount of time to honestly list the failings however failure of institutions in Pakistan is not a big deal. Supreme court in the past has been manipulated by the power brokers and it will continue.
Like most other elements in the society, the judges are also in a self preservation mode i.e. grab the “fringe benefits” before someone else gets them.
I have noticed a paradigm shift in the psyche of leaders - in the past the blame was on feudal system, now elites have joined in the wholesale looting of the nation.
It is however very sad and disappointing..
Obviously the government does not like current CJ. He gave quite a few decisions which they don’t like, e.g. Steel Mill. Naeem Bukhari, being one of chief ‘chamcha’ or ‘darbaari’ of the government is obviously a part of the media campaign that is now taking place against the CJ. There were many real corrupt CJs before but never Naeem Bukhari wrote a letter like this. It is pretty obvious why he wrote this one.
heema, what evidence do we have of recent past CJ’s being more corrupt or less honest than the current one? My point is this: To me, as a citizen of Pakistan it doesn’t matter if Naeem Bokhari failed to raise a finger at the past CJ’s (though I wish he had), but the fact that he is able to stand up to the current CJ who may not be doing his job honestly and with integrity. What matters is whether these allegations are true and whether the curent CJ can explain himself (though they seem obviously unjustifiable)?
A wrong is a wrong. Two wrongs don’t make a right. The fact that we have two corrupt CJ’s doesn’t make them both bearable. They’re both unbearable and a blotch on the legal fabric.
You contend that Naeem Bokhari is a ‘chamcha’ and part of the government’s media campaign. Why do you say that? Is that because you don’t like the comments in his letter? Or do you have any proof of this?
I do wonder, though, how the CJ will respond to this. It would not be very becoming of a CJ to get involved in an open media war with another Officer of the Court.
hakim, is the CJ only one with some issues? Can’t the same allegations be laid against many other top ranking officials both in civil service and army? Also the doings of many current ministers and their sons are also very common knowledge, including from the one from law, ‘Wasi Zafar’. In Islamabad’s you can see many running BMWs, and you may wonder from where they get the money from. Never in history, Mr. Naeem Bokhari wrote an open letter to anyone, and all of a sudden something like this, which is systematically reaching the mass media. If you have followed the arrival of Musharraf’s government, and then the PTV, you can easily be seen why Naeem Bokhari is close to the people in government. He started appearing as host in variety of programs, including the one called ‘Robaroo’ which became more like a government propaganda and was really a joke.
To be honest I was indeed (For sometime atleast)sold to this media circus by our CJ.Thinking that finally we have somebody who can take up the rights of common Pakistanis…. How naive……
I do not agree that the government does not like the CJ; on the contrary. Sooner or later, the issue of Musharaf’s uniform and presidency will come to the supreme court and inevitably, like all previous decisions of the court (i.e. For the Govt. of the day, Against previous govt.) the CJ will decide in Musharaf’s favour. The Govt needs to build his reputaion before then as an independent judge. Hence all the media cicus about suo moto decisions and the portrayal of an image that the court is the only protector of the rights of the individual etc etc. He manages to get cheap publicity instantaneously, but when someone bothers to read the written judgement they find that the decision is completely opposite.
No doubt the letter is very clever and eloquent. But to my mind, it only disparages the personality of the Honourable Chief Justice (and lets face it, anyone, especially those with knowledge of the legal profession, know that judges are notoriously brusque). Where did the letter present even a shred of evidence of any corruption? It’s only sound and fury, signifying nothing. If such long winded eloquence without substance is the reason that judges gets impatient with Mr. Bokhari, then I have no sympathy him.
bukhari should have not written this. perhaps this all depicts him as emotional personality
being a practising lawyer of the lower courts i can say without any exaggeration that the general public already has no confidence in the judiciary.so all that discussion about tarring the image of judges in the society because of this letter is completely useless and is a waste of time.Everyone in the legal community knows how close Bokhari is to the CJ so i cant seriously understand what he tried to achieve through this letter.its just a media stunt which he is trying to pull sucessfully and he may even get noticed the letter may even made headlines but in the long run will have no impact. how many times in the past and present double standrds, charges of corruptionand such other allegations are staring us right in the face with evidence and how many times somehtng was done about it. the public is all busy in their detoriating financial condition which is getting worse day by day and dont give a damn and has stopped reading such letters and trying to make sense of all of it.
At last Mr Bokhari has started taking interest in Law. With so much information in his letter I think he has started going to courts more than once or twice a year….
Pakistani president removes chief justice
The Associated Press
Published: March 9, 2007
ISLAMABAD, Pakistan: Pakistan’s President Gen. Pervez Musharraf has replaced the Islamic nation’s chief justice for “misuse of authority,” a minister and state media reported Friday.
Iftikhar Mohammed Chaudhry, chief judge of the Supreme Court had served in the post since 2005.
Information Minister Mohammed Ali Durrani said Musharraf removed Chaudhry for “misuse of authority” but gave no further details.
The president has submitted a case against Chaudhry to the Supreme Judicial Council, state-run Associated Press of Pakistan news agency reported.
Musharraf had received “numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the chief justice of Pakistan,” and Chaudhry had been unable to give a satisfactory explanation, APP said.
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The report did not specify what he was accused of.
The council is a panel of top Pakistani judges that ajudicates cases brought against serving judges and will decide whether the charges against Chaudhry merit his formal dismissal and whether he should be prosecuted.
The strong public announcement against Chaudhry made it appear unlikely he would be reinstated.
Justice Javed Iqbal, the next most senior judge of the Supreme Court, was appointed as acting chief justice, APP said.
The International Herald Tribune and Newsday, NY have reported on this already (online).
Apparently Naeem Bokhari’s letter was part of a stage-managed game. Fooled people for a while…should have known better….he comes across as a pretty good chamcha of present govt. on tv these days.
It is extremly distressing to read responses to Mr. Bokhari’s letter by those claiming to be from the legal profession. Young lawyers and citizens of Pakistan should not forget that General Musharaf is presently occupying the President’s seat through un-constitutional means and under the same constitution, which he suspended upon coming to power, he committed an act of treason. So its rather amusing to say the least that an un-constitutional head of state removes a chief justice, who represents a constitutional organ of the state. History seems to continuously repeat itself in Pakistan……it feels like de ja vous……
It’s really really unfortunate that things in our country are comming to this pass. It’s only the first time that I’ve had the opportunity to go through this letter. I don’t know whether all of it is correct or not, but it’s pretty obvious that the letter has a motive behind it.
Naeem Bokhari has been increasingly coming on TV and has had an ample opportunity to become the devil’s advocate and below whistles around against corrupttion at any and all levels; but he certainly refused to do so and has suddenly come out with this stuff. Obviously, there’s a reason why he didn’t do this previously and raised such voice against others.
Following his TV debates, one can easily come to the conclusion that he’s been just another junta mouthpiece. This impression solidified in my mind when recently, I watched him interviewing the President - General and his PM back to back in his show on HUM TV. More than being an interviewer, he acted like a poodle dog, to speak frankly. He was so servile and confirmist to both of them that watching the show became a sick and nauseating exercise. However, in a previous episode, when he interviewed Benazir Bhutto, he acted like he was a state prosecutor. In that instance, he became so agonizing that Benazir left her seat and he called for a break. Yes, it was all aired, although the program was recorded.
This is Naeem Bokhari - subjective to the core, even when interviewing popular personalities on TV.
People who have been playing chess can well understand what is going on. In this game you creat a certain situation, forcing the oponent to make that move. I foresee the 13th March decision of SJC as an unexpected, astonishing and at the same time pleasing. We all know who (group of people)actually wrote the letter, so called written and is famous by Naeem Bokhari.
Come on lets play chess…..
Every person in government or in power may it be Naeem Bokhari(due to links) is Corrupt. This letter should be seen in light of reaction of Busharaf (delayed one) against CJ. Bokhari might have personal problems against him as wel or he is jumping on the shaft of Busharaf. Nothing in Power corridors happens without a cause
Ahmed
It is very unfortunate that we, the people (as usual) don’t know the issue from the inside. A letter from Mr. Bokhari on Feb 28 and the ousting of the CJ on 9th March looks all too quick and systematic.
All of us who are commenting here, there and elsewhere, have the inherent misfortune of not knowing about the issue and the facts. It is a neo-natal issue and our knowledge about it is absolutely none. Therefore we cannot discount Mr. Bokhari’s allegations nor endorse them. We cannot condone President’s decision nor disagree with it. But the way the issue is handled, is very very suspicious, to say the least.
I can only speculate the the CJ’s stand on abducted/missing persons, Basant and independence of judiciary may have something to do with it. Maybe he would have had the media/public acceptance to an extent that he would have been in a position to direct the president to let go of either of the two offices, if things continued the same way by November 2007. The establishment plots the move and lets it brew before making the move - or did it brew at all? The interesting bit, however, is that the matter was not played with in the mainstream media. I didn’t see it on Geo, Dawn or Business Recorder. The govt. (read President’s office) took the decision on its own and removed him. What a Shame! oh, I mean What a Show!!!
I am reminded of Roger Waters here:
… All that is now
All that is gone
All that’s to come
and everything under the sun is in tune
but the sun is eclipsed by the moon.
There is no dark side of the moon… matter of fact, it’s all dark.
I am suprised why this is the first time Naeem Bokhari has sent an open letter to a corrupt C.J.P. In Pakistan’s chequered history of corrupt leaders and judges, this is the first time he has sent such a letter and that too, so openly.
Has this letter been drafted originally by Naeem Bokhari or perturbed rich Senior Lawyers, mentioned in the open letter, who wanted to fire the shot on the CJP, over the shoulder of Naeem Bokhari.
What else blushing Naeem Bokhari wants, other than great media publicity.
As far as the allegations about the son Dr. Arsalan, has anyone bothered to look into the bullish attitude of the son’s of our country’s leaders, ministers, governors and even advisors to the ministers ?????
Nevertheless CJP Iftikhar does not deserve to be on such a post, if he is really guilty. Such a complaint should have been lodged with the Supreme Judicial Council for action of his removal, rather than creating a fist fight between our good President and the corrupt CJP.
Think before you nod your heads !!!!!
Has any person wrote an open letter to Busharaf regarding How his sun studied un US of A ? All the military is actually a state agent and Qabza group.
When I was studying in Lahore there was a slogan BAKRI but I never understood its meaning. I am thankful to Busharaf who made it clear that what Bakri means. Actually he is a picture of the word BAKRI.
It is very unfortunate that we, the people (as usual) don’t know the issue from the inside. A letter from Mr. Bokhari on Feb 28 and the ousting of the CJ on 9th March looks all too quick and systematic.
All of us who are commenting here, there and elsewhere, have the inherent misfortune of not knowing about the issue and the facts. It is a neo-natal issue and our knowledge about it is absolutely none. Therefore we cannot discount Mr. Bokhari’s allegations nor endorse them. We cannot condone President’s decision nor disagree with it. But the way the issue is handled, is very very suspicious, to say the least.
I can only speculate the CJ’s stand on abducted/missing persons, Basant and independence of judiciary may have something to do with it. Maybe he would have had the media/public acceptance to an extent that he would have been in a position to direct the president to let go of either of the two offices, if things continued the same way by November 2007. The establishment plots the move and lets it brew before making the move - or did it brew at all? The interesting bit, however, is that the matter was not played with in the mainstream media. I didn’t see it on Geo, Dawn or Business Recorder. The govt. (read President’s office) took the decision on its own and removed him. What a Shame! oh, I mean What a Show!!!
I am reminded of Roger Waters here:
… All that is now
All that is gone
All that’s to come
and everything under the sun is in tune
but the sun is eclipsed by the moon.
There is no dark side of the moon… matter of fact, it’s all dark.
It is very unfortunate that we, the people (as usual) don’t know the issue from the inside. A letter from Mr. Bokhari on Feb 28 and the ousting of the CJ on 9th March looks all too quick and systematic.
All of us who are commenting here, there and elsewhere, have the inherent misfortune of not knowing about the issue and the facts. It is a neo-natal issue and our knowledge about it is absolutely none. Therefore we cannot discount Mr. Bokhari’s allegations nor endorse them. We cannot condone President’s decision nor disagree with it. But the way the issue is handled, is very very suspicious, to say the least.
I can only speculate the CJ’s stand on abducted/missing persons, Basant and independence of judiciary may have something to do with it. Maybe he would have had the media/public acceptance to an extent that he would have been in a position to direct the president to let go of either of the two offices, if things continued the same way by November 2007. The establishment plots the move and lets it brew before making the move - or did it brew at all? The interesting bit, however, is that the matter was not played with in the mainstream media. I didn’t see it on Geo, Dawn or Business Recorder. The govt. (read President’s office) took the decision on its own and removed him. What a Shame! oh, I mean What a Show!!!
I am reminded of Roger Waters here:
… All that is now
All that is gone
All that’s to come
and everything under the sun is in tune
but the sun is eclipsed by the moon.
There is no dark side of the moon… matter of fact, it’s all dark.
if you are true then you participate a big role,and if fake then you crash pakistan image…………………….
This letter clearly shows that this drafted with the help and wish of the GOVERNMENT, so they can make a base and issue to kick Chief Justice out. There gonna be Election soon and Cief justice was gonna play key role in making sure that election would be free and fair.
Its a big shame to PAKISTAN and SPOILER OF COUNTRY ( PERVEZ MUSHARAF)
well done naeem ,I think you deserve an appreciation to pay a way for appointment of lt.general/maj.general for the the vacavt seat of cfief justice of supreme court.
ali
There have been allegations of corruption against some other judges of the Superior Courts. Ask the lawyer community and they would tell you how some judges, on account of their corrupt practices, are commonly referred to within the said community. It would therefore be discriminatory if action was taken only against one individual. Lawyers (in particular litigation/court lawyers) must have the courage to come forward and write letters similar to the one allegedly written by Mr. Bukhari. If such letters were written and the President did not refer the matter to the SJC (Supreme Judicial Council) then it would be clear to public at large that the CJP has been victimized for “reasons” best known to the government.
I have generally sided with the President’s policies since the time he took over. Nevertheless, I must make two comments here with regard to government’s action yesterday:
1. Calling the CJP to the President’s (or even worse Army Chief’s) place to ’satisfy’ the President/PM with regard to the allegations would hurt the institution, and independence, of judiciary in the long run. No matter what justification the government may have with regard to this action, Article 209 (the only pertinent Constitutional provision with regard to the misconduct of a superior court judge) did not entitle the President to take such action. Furthermore, what message has been conveyed to the SJC who is going to decide on the matter on the 13th instant? “The President/ PM were not satisfied with the CJP’s response to the allegations however, the SJC may look into this matter and decide accordingly”!
2. In the circumstances, the Constitution did not envisage the appointment of an Acting CJP. It is a matter of propriety that the judge against whom a reference has been submitted to the SJC would abstain themselves from performing their duties (judicial/administrative). (The Constitution does not treat the judges of the superior courts as “civil servants” who could be “suspended”.)
Furthermore, and without prejudice to the foregoing comments, what was the hurry? Why could the government not wait until the return of the next senior most judge, Rana Bhagwandas who I understand is on a short trip to India?
May he live in interesting times – a Chinese curse! “Like it or not, we live in interesting times” - Robert F. Kennedy.
I would prefer to verify whatever Mr. Naeem Bukhari has indicated and pointed out in his letter to the Chief Justice of Pakistan before giving my final opinion. I am of the view that if the things which have been hilighted by Mr. Bukhari actually took place then its a tragedy. Its Awsome.
AHMED
Mr. Bukhari states in his letter that the son of Mr. Iftikhar Chaudhary is Dr. Arsalan. How is it possible that a doctor scores only 16 Marks out of 100. We, the Pakistanis should not react at once. Observe ground realities, look into the matters carefully then pass comments.We should not accept each n every thing described by Mr. Bukhari.
AHMED
WEll to me it appears to a well planned move, first Mr Bokhari’s letter, then the subsequent Presidential reference. Not, that I belive that the CJ was an exceptionally honest officer, infact he too was like most of his colleagues and predecessors who enjoy all those perks associated with such high offices, but to signal him out, and on all those too familiar charges reveals that something is fishy. And it indeed is surprising that after that letter, Mr Bokari has gone into hibernation, we dont see him in any of the channels, giving his side of the story, or is it that after doing his part of the deal he is enjoying his well earned rest.
As for CJ’s son getting 16/100 in the English paper that too seems to be an exaggeration, I have appeared in CSS exams myself and know that the English paper is not that tough, especiall for someone who comes from an educated and affluent background.
As for the future course of action, it sure looks that the CJ is all set to be sacked, that is if he does not resign, and for the future judges, they must have learnt there lesson, never to disagree with any government in power.
I used to hear of darbari mullahs naeem bukhari is ipso facto a darbari intellectual. a prententious individual i was going to write intellectual again but the way he bloats and gloats and crows one is reminded of a stray dog.. that barks and barks.. and than plays a time serving role in the establishment of so called islamic republic well to hell with pakistan and musharraf and arbitrary powers. atleast there was someone who could challenge the arbitrariness of presidial powers and the corrupt practices of the this government. and now when a crutial phase and crutial cases were being heard the magic wand is again playing the tricks on pakis… yaar if his son is civil services good for him some one from baluchistan is being inducted from that province… every year hundreds of thousands of military personnel are inducted in civil services and no one bothers and how many planes and helicopter rides and being mis used by musharraf cronies and company and those kennedy brothers from punjab and not a single word, to hell with the guard of honour…..
Again the pathology of power is at play and again pakis are being made to suffer in the long run Wish we had never had a TB ridden quaid or else everything would be quite normal
the one eyed chief justice… looking or sleeping one could never tell. and his son driving a bmw well good that now he will ride a donkey.. since we too are rding donkeys and r thinking like donkeys.. naeem is vatic in his judgements and is articulate.. but he is a boot licker too. and being a bootlicker never serves one any purpose with the public yes with rulers u could slide very well. a showy individual like bukhari are always in demand….
pakistan needs to be packed and sent to india as a divine gift and Mushaarraf will do it ultimately. coz he is a muhajir.. not a punjabi etc
When a judge of superior court starts enjoying the perks from government, he is no more a judge. Iftakhir’s son was working as adoctor, he was sent on deputition to FIA and then inducted in to police service.
Such favour have a price and as a judge price is paid by doing injustice. Can a son of a poor farmer who is a doctor dream to get FIA or SP police’s job as he too is equally quilified as CJ’s son.
As long as government was happy with CJ, he was being showered with perks and when they became unhappy, same perks became poision. CJ must have realised that, once he became the part of the corrupt system, no one needs to sympathise with him.
As Naeem Bukhari is concerned, he is nothing more then a “Dalla”, and devils advocate, there were also rumors of his relations with former PM through his wife.
Writing such open letter is contempt of court and he need to be tried for it, if, present CJ wants to show some impartality and fair play.
I think the President has acted according to Law and Article 207.
There have been many complaints against the mis-use of power by the CJP; coming since above an year.
No one should be allowed above Law. There should be Check & Balances for everyone. Everyone is answerable!
Why the present CJP was ignoring thousands of cases of ordinary pakistanis; and getting into Political Cases just to confront the Government is bewildering? He only hand-picked issues that would irk the present government or create a hurdle in b/w progress and procedures.
Which Opposition Party is using the CJP for Political Motives is to be determined??
Why one case after the other was being Dug up to be-little the Government? Have all other cases relating to ordinary Pakistanis been Solved?
How come he owns Mercedes Benz and his son drives BMW?
The President did correct by first meeting the CJP and briefing him about the allegations against him. Then the CJP has been TEMPORARILY sidelined; so that an independent Judiciary consisting of senior most judges would review his case.
If he’s innocent he would regain his status as CJP; and if he’s found guilty than he’d have to either resign (for honour’s sake) or accept his mis-use of power and face removal.
Fair enough!
justic sb k barey main naeem bokhari k jazbaat normal hain. har aadme ki aana or ezat-e-nafas hote hay. HUM TV k intarwio main NB nay muaamlat tafseel say btaey hain so press k andazey apne jagha leken NB ka intv sun kar tasveer ka dosra rukh samney aata hay or vo rukh gorvment vala be nain hay so humen tamam phloon ko dakhna parey ga. naeem sb ko main sirf rool modal dakta hon or is case main un ka itna markaze kerdar nain jetna gorv nay or press nay bnaa diaa hay……………….
One important thing to be determined is “WHICH OPPOSITION PARTY is behind the scene Using & Manipulating the CJP Iftikhar Choudhry against the present Government”??
Ø Why is it that since few months now; the CJP was issuing political statements against the government?
Ø Why was CJP digging up cases specially to irk and belittle the government?
Ø Were all thousands of cases of ordinary Pakistanis solved; that he was hand-picking cases specifically designed against the Government?
Ø Why was he dragging the Judiciary into Politics?
The media and Opposition parties are trying to mislead the Public by giving examples of “lost people case” & “steel mills case”.
Both Nawaz Sharif and Benazir in their prime have conspired & removed Chief Justices in their times! Crocodile Tears!!
I saw Naeem Bukhari’s inteview last night on HUM TV. He gave a very frank, honest and factual interview and clarified that he has nothing to do with the President’s Reference.
Few more interesting things I gather from what he said.
@ If the CJP thought himself diginified, then why did he go to meet the President? He should have declined if he had ego.
@ If CJP was so uncontroversial… why didn’t he resign with all his colleagues (that are now marching into President house & CJP house; disrupting peace) long before against a Military dictator?
@ The Political parties that are using this context against the present Government. Why don’t they bring 10 Lakhs people out on street against the President? Instead they are politicing the Judiciary.
@ It is not the work of Judiciary to involve in Politics; reprimanding & belittling the government.
@ When the CJP was getting all benefits from the Present Govenment everythig was sugar. But now maybe he was getting more Benefits from the Opposition parties.
@ Why CJP didn’t take action immediately upon his selection? Why wait until Election time was nearing; so that the Opposition parties could Cash-in this storm?
@ All this seems pre-planned by the Oppostion parties; using the CJP for their political motives….they knew the Government WOULD re-act after some time!
@ These CJP are always very eager to Sworn in dictators; why don’t they resign in defiance?
I saw Naeem Bukhari’s interview on HUM TV. It was very frank, truthful and factual.
@ The cards were very well played by the Opposition parties. They manipulated the CJP to provoke the Government.
@ They knew after few months of provoking the Government would re-act; and then Opposition parties will politicize the matter.
@ It is not the Right of the Judiciary to meddle in Political decisions made by Government. Judiciary should be free from politics!
@ If the CJP was a self-respected person with ego; why did he go to meet the President? He should have refused if he thought himself right!
@ Why didn’t the CJP resign in protest of the Military Government when he became the CJP alongwith his 80 colleagues (who are now dis-rupting peace in country)?
@ Why do these CJP take oath from military people?
@ How does the CJP and his family own BMW’s and Mercedes Benz?
@ Why the CJP was handpicking Cases political specifically designed on-purpose just to provoke, annoy, be-little and irk the Government?
@ These oppositon parties with crocodile tears; have themselves dismissed and degraded Supreme Courts in their tenures.
I fully support President Musharraf !!! Knowing that the media is just there to sell their channels by gossips!
http://micropakistan.org/blog/2007/03/10/what-you-had-to-say/#comment-517
11Am, 13/03/07
My dear Naeem Ihave just now read your well worded letter on net, I will certainly comment on it but later when everthing cools down.
Dr Jan
Naeem bukhari is just a small tool n nothing else…he is not so valuable to spend lot of words on him…. In fact Coward person (as per Gen. Baber’s words) had to remove CJP by one way or the other like he did with DR. QADEER KHAN…He has to answer all his deeds in this world may be or there after certainly…
i think everyone has its own point of view and they r wasting their time to comment here, because there is no one who listen our voice and make justice for us. we says pakistan is a Islamic country, please dont say this because its not. our president sahib is the folower and “dog” of west and especially Bush. He has not his own voice or ideas he thinks and does by the bush mind and. mr naeem bukhari sahib i dont know ur rite or wrong but make one thing clear that all of us r Muslims and its our faith that v would give the answers of all our deeds to Allah so “Chartay souraj ki pooja chour dain” because fact is k “pawaista reh shajar se umeed e bar rakh”
ok
With best regards
masha Allah . well done . keep fooling the foolish pakistanis, who are an oppressed nation of an abducted napkistan (nothiing pak here, so calling it pakistan is a lie, an illusion); pakistan is a country in the hands of those fudal lords and rich people, who created it for their own personal benefits, its a lie to say it was created for the sake of Islam, or practicing it. Never happend during last 60 years, will never happend in the next 6 centrues. Napakistan’s present situation, reminds me of the proveb ” gone to dogs ” and how befitting its is practically in front of all of us that this Napkistan is in the hands of dogs. . Only Allah can help this nation if we will become true muslims, otherwise, Allah’s curse and blessings are in front of all of us. . . astgfrAllah, Ya Allah help us, because we dont want to help ourselves.
i hav read this leter for the first time and comments about it by few people and alsp witnessed the situation aftermath of this leter i am student of technology and does not now much about judisery sytem but i hav few points
1) i cant understand wat Naeeb Bukahry wanted from this letter
To revive the respect of Supreme Court
To give suggestions to Chief Justice of Pakistan
If someone is concerned with the respect and presteag of institution which he tried to pose then it is not the way to go public so that wat so ever left is also lost
Is this way to suggest ur boss that you paste a notice in common room if he was so concerned then he must have couage to say this all to chief justice in person. Naeem not only try to degreat the chief justice but also the sytem of which he is also part
Yes he also played in hands of some invisible hands i dont say knowingly as i always give benifit of doubt to people. Last hing i cant understnd why he is so concerned with prrotocol of chief justice and BMW of his son.As far as protocol is concerned in Pakistan whole city is blocked as some dignity may be MPA has to move to give him security then why not chief justice.
in the end i can jst pray that Allah helps my country out as i nu one thing that i lov Pakistan
all thiS nigga iz dun bye the big booss USA(im sURe OfiT). thIS iz tHE timee for BOth thE CJ AnD PERZ to gOo FroM tHE PoweR corriDORS.lETS SEe.
After reading the letter, i don;t find anything concerate that the so called president dismiss him from duties. in in opinion the president of pakistan is gone mad with all the powers he got!! he is simply some freak!!
Having read this letter I found no grounds for a General turned President to dismiss the Chief Justice.
All allegations should have been investigated in a proper and decent way without making fool of Pakistani nation again in the eyes of the outside world.
hi . naeem bokhari nay letter tu likh diya magar justice sahab kay khilaf kar rawai honay kay bad kud ko no 1 vilan prove kardiya yeh kah kar kay mujhay unkay agay pechay bajta hoter bara khalta tha. shame on uuuuuuuu
Mr. Musharraf is now creating the way to suicide bombing of his own khaki and political career. I don’t consider him as our president cuz he’s not an elected person. He occupied the govt. forcefully. These khaki’s are facing the music just because of their behavior. He called himself “The man of crises” and i too accept the fact that he is man of crises cuz he manages to create crises for himself. I am very upset due to the wrong attitude of muhterma benazir bhutto toward democratic and i want to deliver a message for her on this forum that madam these khakis killed your father, two brothers and u r still thinking to settle down with them.Shameful
come on … the zili nazim of my dist. moves with at least 7 vehicles of cop cars.. i know at least 50 people who forced to make the appointment of their loved one’s? isn’t it jobbery.president ,PM even the governors and all 4 cms travels in their “sarkari” airplanes.if any one from you is furious that why justice iftikhar asked to borrow a plane,the one should also take the notice the official foreign visits and “jalsas” of the members of the king party.. and hello sir.. who is spending highest amount on his personal security in asia ? its president musharraf sb. Have you forget about the 8 identical vehicles being used by the President.. these cars costs 3000000000/- rupees.. now sir plz count the zeros and inform me about the amount.. and when you talk about the mibehavoiur of Honorable CJP Iftikhar ch. , i think no one could use more harsh language then musharraf and when it comes to the misconduct of power, then 13,Oct,1999 is the date which comes in mind… on which page of constitution is written that a government servant could hold the president house?? or which lines clarifies the procedure about president asking to vote for his companions.
MR.akhtar qureshi Mind your language. No one and i mean it , no one could challenge the sovereignty and independence of Pakistan. I donot know about the older gen of Pakistan ,but my generation would revolutionize and protect this great land granted by God.
Reply to Mr. Rohail’s points.
Sir first of all, president did not acted upon the constitutional act of 209. The right way is to file a reference referring Judge and president by the attorney general of federal govt. A SJC will created but the CJP will remain on his seat but cannot process any case. there is no way that any judge could hod CJ’s office until the CJ is proved guilty or handicapped.
now plz tell me rahil , did president acted upon any of these rules? How could he call the honorable CJP and ask for resignation? how could he made the CJP’s house a subjail?? how?? if mush was right then why didn’y he chose the correct path,the constitutional way not the martial law way..
http://www.theaustralian.news.com.au/story/0,20867,21382589-2703,00.html
Top judge rides protest as Pakistan brass meet
* Bruce Loudon, South Asia correspondent
* March 15, 2007
A CRISIS meeting of the Pakistan army’s key corps commanders - the country’s kingmakers and coup-plotters - was looming last night as President Pervez Musharraf’s attempts to remove the chief justice ran into a united front of opposition.
Reports in Pakistan said the 10lieutenant-generals - commanders of about 20 army divisions - plus other military brass would meet in extraordinary session with the embattled General Musharraf to discuss the sacking of Chief Justice Iftikhar Chaudhry and other issues causing national concern.
General Musharraf suspended Mr Chaudhry on Friday for alleged misconduct, sparking protests by lawyers and opposition parties, in effect calling for the restoration of democracy.
The move has provoked warnings of a looming constitutional crisis before parliamentary elections expected late this year.
With remarkable understatement, one report on the summoning of the corps commanders yesterday spoke of the Government being “very upset, as it believes its attempt to remove the Chief Justice has turned out to be highly counter-productive”.
Such meetings of the power elite in Pakistan are rare, and considered of great significance.
With clear signs that the US is increasingly disenchanted with General Musharraf, and amid the tumult surrounding the ham-fisted attempts to sack the Chief Justice, observers will be watching the Pakistani military commanders for signs of unease.
Mr Chaudhry yesterday challenged the constitutional validity of the country’s five-member Supreme Judicial Council as it began a closed-door hearing on unspecified allegations against him of misconduct and abuse of authority. Mr Chaudhry claimed that the council, which is being presided over by the man appointed by General Musharraf to replace him, had no power to stop him functioning as chief justice.
He said he had been “detained for all intents and purposes with my family members, including my infant child of seven years” by security forces at his house since Friday, left without “basic amenities” and forbidden from receiving visitors.
The attempt to sack the Chief Justice is emerging as one of the gravest crises to confront General Musharraf since he seized power in a military coup seven years ago, with leaders across Pakistan’s political spectrum united in a rare display of joint political determination.
Cricketer-cum-politician Imran Khan, one of many prominent citizens to join the protesters, described the demonstrations as a defining moment in Pakistan’s history, with potentially enormous political ramifications.
But Information Minister Mohammad Ali Durrani urged the opposition parties “not to politicise the issue”.
in my point of view? The goverment have sent Honorable judge Mr. Bhagwan Das on a vacation to fulfil their idea.
Sorabjee condemns suspension of Pakistan chief justice
Google News, 11:39 PM PST
Eminent jurist Soli Sorabjee Wednesday condemned the summary suspension of Pakistan Chief Justice Iftikhar Chaudhary, terming it as a ‘legitimate matter of international concern’ and a ‘bad example’ infectious enough to contaminate vital institutions of democracy the world over.
‘The summary manner in which the chief justice of Pakistan has been suspended and rendered non-functional is a frontal assault on the judiciary,’ Sorabjee said in a statement.
‘Unfortunately, bad examples are infectious and pose a serious threat of contamination of institutions vital for democracy in other parts of the world,’ he said, adding, ‘In this context, the Pakistani situation is not merely a domestic affair.’
‘Independence of the judiciary is an indispensable pillar of democracy and is essential for enforcing the rule of law and vindicating the fundamental rights of the people,’ said the former attorney general of India.
He added that the action would spell the death knell of judicial independence if the executive were to sit in judgment over the judicial conduct of the chief justice or any other judge.
Well I must say our President is being advised by a bunch of stupids. I never expected something like this from our “enlightened” president.
Even if he used his constitutional power to send a reference against the CJP, I really fail to understand why he was kept under detension for 5 hours at presidents’s camp office and later house arrested. There was no need for all this drama.
Either our president is too innocent or too clever.
Innocent = was not expecting the sitution to get worse.
Clever = state of emergency created in country—-elections delayed. and APC of opposition delayed.
Lets hope for the best.
This Retired General drunk with power has raped the Judiciay after raping the Constituion in 1999 through which he took oath that he will defend its (onstiution’s) integrity at all costs.
NO ONE - the chief justice nor the BADSHAH SALAMAT are right. The so called JUDGE must have bulldozed someone as is the practice - they get their share and sifarshaat. JUSTICE DOES NOT PREVAIL IN PAKISTAN. I have been a victim of justice trying to look for it for my kids. But sifarshat and other means are a better match for someone who is seeking justice on plain truth. Same is with the BADSHAH SALAMAT. He too is a ###%%^$*** !!!!!!! Trying to preach ISLAM. So are the other people from opposition. Bring anyone on the top and he is sure to screw the nation to the limits. ALL SCREW - whether its the opposite sex - the nation or anyone who comes your way. This time both were real VANDALS. WE, THE NATION are here to clap and see the tamasha because we are born for it. Burn the effigies and break other fellows cars,motorcycles and property. Damage the public property which belongs to us because we pay the taxes. Who the —- are these people sitting on our heads and we kneeling before them, asking for sympathy for food, home, naukri and other stuff that we deserve. GIVE EVERYONE A FREE HAND and see who earns what. NONE OF US WILL SEE THESE FELLOWS of the pure breed ruling us and bulldozing us.
EVERYONE FOR HIS OWN. Defend thyself fellows.
AND JEEWAY JEEWAY PAKISTAN…………..
All,
you will not find one person and let me repeat one person in Pakistan Govt. who is not corrupt or following Islamic laws in a so called Islamic country.
My two cents.
Finally, the ‘Sacred Cow’ has been slaughtered. Whats coming out of it is definately not surprising. Supreme court is just like any other organization; filled with corruption, nepotism and non-professionalism. Judges have been convicts and lawyers are know for ripping off. All these assholes are now playing a circus which is not only disgusting but shameful as well. Its time for all of us to open up our eyes and accept the bitter truth that courts, lawyers and judjes are also rascals.
Hi there,
If naeem bokhari is true, why have we seen such an outcry of judicial community against the action taken by musharraf ? why has his membership been cancelled by the pakistan bar council and punjab bar council ?
Naeem Bukhari:
Your command of English is good, perhaps you write better then you speak. Find me one person in Pakistan who does not know how legal decisions are bought and sold, if you can afford, in our courts. You make us laugh when you tell us now how many of the past were good, and how many were bad, did you ever make the public aware when a “bad” CJ led the judiciary? why now? unless you be the HMV.
Hi All
I have done LLB from lahore though I do not practice law and changed my field later. My question is simply this much that when I used to study law the fundamental point was ” innocent until proven guilty”. During the proceedings of any criminal case ” even under terrorism act” you have to refer to the person accused as ” the accused” not as “the culprit” and if you do so the judge is going to deal with you very strictly.
Now my question is that even if there were accusations on the CJ, (forget for now that there are many more cases against the president himself and his beloved Shuja’at Husain and company) why was he treated as a culprit? Secondly who gave the right to the president/ army chief to be the judge himself and dismiss the CJ? Moreover, why! I repeat, why was he house arrested and even all his family locked inside being even denied their fundamental rights?
So those of you who think that Naeem Bokhari did a fantastic job please think about these simple questions and everything will become clear.
I agree with some of you that there is no point in writing these views as nothing will come out of it but sharing thoughts atleast enables us to vent our feelings.
look who is talking.The man who crushed the law and constitution to become the ruler is saying it is a legal issue and donot politicise it.This was a political act and motives were purely political i e ,to get rid of a man who could be a problem for the MR stiff neck.The head strong did what he has been doing with parliment and even supreme court(refers to Mr Saeed uz zaman case)and other institutes of Pakistan.This is a wake up call even for Army Generals.Do you bunch want the whole army to be hijacked by one man?Do you really believe in this pro american legacy?you represent a so called islamic and NAZARYATI army.Is there any General Abbasi in army anymore.You owe something to the country as well, more than just wearing a decorated uniform and claiming lands.get rid of this man and save army from a clash with masses or u would loose the dignity forever.would you let the army become kiray key ghunday?
I urge every man in Pakistan to stand for your fundamental life or it would not even matter in a few years time.look what he has been doing with our pathan and baloch brothers.he is using our army against our own people.people who have been our most valuable asset.we are repeating the history of 1971.
Stand up for your rights and dont fall a prey to this regimen or the one we have already tested in the past.
Support the lawyers as they have started a real JIHAD.get up for your children or they will have to die anyway..God be with you.
For naeem Bukhari,you should sort your house first before you become too much concerned about the whole country.You like fame and this was not the most decent way to get it.shame on you.
mr bukhari
i just want you to answer one question honestly and i know u will. are u for mushraf or againt.do u think he is a dictator.rest will fall into its place,if not for anybody,but for me.
Now as a long time has passed since the allegations were made through this letter, absolutely no effort has been made by the Chief Justice Iftikhar Chaudhry to clear himself off the charges raised by Naeem Bukhari, establishing that these were authentic. Moreover it surprises me that he is not being considered as a pcojudge