MicroPakistan

President Musharraf, head of the executive branch of the government in Pakistan, has dismissed Iftikhar Chaudhry, the Chief Justice of the Supreme Court of Pakistan. Mr. Musharraf has summarily dismissed him without sharing any evidence against the outgoing Chief Justice with the country at large. I think the manner in which this step was taken was abominable and is indeed beyond reproach. Now: how can anyone have the necessary confidence in the judiciary of Pakistan when the highest officer of the judiciary is at the mercy of the government in power? Judiciary cannot operate if it is not independent and needs its independence to dispense justice in a proper, equitable and fair manner. It appears that Mr. Chaudhry was sacked not because of his misuse of power but for standing up and judging against the will of power.

President Musharraf has sacked the Chief Justice of the Supreme Court without dwelling upon any evidence and it must be said that no one knows what the truth is. There are a number of allegations levelled against the Chief Justice, now former Chief Justice, but as is the case in all civilised countries everyone is innocent until proven guilty. So we should all accord Mr. Chaudhry this privilege and not accept the allegations put forward by the government on face value. Only a proper and independent inquiry in this matter can give us the real account of this fiasco.

It is bewildering that President Musharraf can encroach upon the independent turf of judiciary and dictate his terms to them. This brings down the entire legal system, which is already in dilapidated condition, and makes a mockery of the judiciary. The Chief Justice of the Supreme of any country is not above the law. If the now former Chief Justice of the Supreme Court of Pakistan has committed or has been complicit in any crimes he should be prosecuted and brought to justice.

Every state needs an effective judicial system for it to enforce laws and maintain order in the society. Moreover, a well functioning legal system enables people to maintain their businesses, enables commerce with the outside world and allows people to enjoy their rights, which form part of their social contract with the state. In sum, the rule of law, in my opinion, is imperative and a necessary condition in any state, for it gives legitimacy to those who govern and protects those who are governed. How are the courts going to protect the masses when the highest officer of the judiciary cannot speak his mind against the elements of power? The Chief Justice of the Supreme Court of Pakistan is supposed to be the highest position with respect to the judiciary and he is a figure who deserves reverence and respect. He is the beacon of justice and hence has a special stature in the hearts and minds of the masses. How can he be fired without any evidence? Is this justice? This is an example of abuse of power on the part of President Musharraf and illustrates the bankrupt vision Musharraf has for Pakistan.

I think it is disgraceful for a military General, who usurped power in an unconstitutional manner, to suggest the highest judicial authority of the country has misused power. How can Musharraf level such grave charges against the Chief Justice of the Supreme Court and not have any evidence to support his decision? By doing this Musharraf has brought shame on Pakistan and ruined the dignity and sanctity of the office of the Chief Justice of the Supreme Court of Pakistan. In my opinion, sacking of the Chief Justice was a political decision and his judicial demise was decided in the quarters of power in Islamabad. Mr. Chaudhry has paid the price for judging against the government of the day. Musharraf’s government is yet to articulate what the charges against this Chief Justice are and thus we have to wait and see what the government comes up with. However, it is possible that Chief Justice might have committed crimes. Mr. Chaudhry is not above the law but he has the luxury, like other citizens, not to be adjudicated by the President of Pakistan and is innocent until he is proven guilty.