Archive for the 'Judiciary' Category

Restoring the judges by Ahmad Faruqui

Justice delayed is justice denied

WITH those words, 19th century British statesman William Gladstone coined a phrase that has echoed in political and legal discourse ever since. Indeed, he could have been speaking about Pakistan today. A miscarriage of justice took place in Islamabad exactly one year and one day ago. It has not been rectified.

The defining moment for the incoming, popularly elected government will come when it tackles the issue. It should think of the constitutional legacy of Quaid-i-Azam M.A. Jinnah, who was also one of the subcontinent’s finest attorneys. The Quaid would have been proud of the role played by Iftikhar Chaudhry, Aitzaz Ahsan, Munir Malik and their cohorts in last year’s movement for judicial independence. Continue reading ‘Restoring the judges by Ahmad Faruqui’

Honorable Chief Justice of Pakistan Responds to the Allegations

[What a brilliant rejoinder from the Chief Justice! The President really hasn’t been doing himself any favours by maligning the Chief Justice all over the world. This is a very well written letter and, more importantly, the Chief Justice has carried it off with integrity. ]

AN OPEN LETTER TO:

His Excellency
The President of the European Parliament,
Brussels.

His Excellency
The President of France,
Paris.

His Excellency
The Prime Minister of the United Kingdom,
London.

Her Excellency
Ms. Condaleeza Rice,
Secretary of State,
United States of America,
Washington D.C.

Professor Klaus Schwab,
World Economic Forum,
Geneva.

All through their respective Ambassodors, High Commissioners and representatives.

Excellency,

I am the Chief Justice of Pakistan presently detained in my residence since November 3, 2007 pursuant to some verbal, and unspecified, order passed by General Musharraf.

I have found it necessary to write to you, and others, because during his recent visits to Brussels, Paris, Davos and London General Musharraf has slandered me, and my colleagues, with impunity in press conferences and other addresses and meetings. Continue reading ‘Honorable Chief Justice of Pakistan Responds to the Allegations’

Lawyers’ continued struggle for democracy

Friday, January 11, 2008
Dr Tariq Hassan

The present superior judiciary of Pakistan is a military-established judiciary handpicked to serve the interest of the establishment generally and to preserve and protect General (r) Pervez Musharraf specifically. The present judges of the Supreme Court and the High Courts of Pakistan have assumed office by taking oath under the Provisional Constitutional Order dated 3 November 2007 promulgated by Genera Pervez Musharraf (as he then was) in his capacity as the Chief of Army Staff. Their appointment is, therefore, in clear violation of the constitution, contrary to all legal norms and practices of the civilized world and void ab initio. Consequently, there is presently no legitimate or credible higher judiciary in the country to provide relief to members of the public.

Notwithstanding the recent revival of the constitution, the judiciary has been grossly desecrated and its integrity and independence greatly undermined by the suspension of the constitution and proclamation of emergency on 3 November 2007 and the Provisional Constitutional Order made there under. The judges of the Supreme Court and the High Courts of Pakistan who did not take oath under the said Provisional Constitutional Order have been unconstitutionally and unlawfully declared to have “ceased to hold office” thus creating an unprecedented judicial vacuum.  Continue reading ‘Lawyers’ continued struggle for democracy’

A Macro-Analysis of Barrister Chaudhry Aitzaz Ahsan’s Open Letter

Guest Post by Hassan Baig

(Accessible at http://pakistanmartiallaw.blogspot.com/2007/12/open-letter-from-aitzaz.html)


Barrister Chaudhry Aitzaz Ahsan is a leader in his own right. A populist leader even. Moreover, his read of the political spectrum and all developing eventualities is sensible and practical.

But perhaps not practical enough.

Ms. Benazir Bhutto is widely believed to be averse to the idea of the reinstatement of the deposed judges. In fact, she has gone as far as publicly chiding the lawyer community (and probably Barrister Ahsan in particular) to form their own political party if they so wish. This stand is understandable when seen under the light of the economics of it: the political and self-preservation costs to Ms. Bhutto of a reopening of her files by independent-minded judges are far greater than the costs of loss (if any) of the PPP’s public appeal as a result of her endorsement of the establishment’s agenda. Ms. Bhutto would never underwrite an option which pays dividends only in moral rectitude and not in monetary and/or realpolitik terms.

For someone so ethically-decided, it is abnormal how PPP loyalists endure in their support for Ms. Bhutto. It is almost as if her metamorphosis from her debut in 1988 to the skilful opportunism management she practices today has been completely lost on these supporters. Some quarters insist that Ms. Bhutto’s support is a product of her hereditary right – that many support her with blind conviction borne of the psychological guilt of inaction, engendered among the loyalists when her father was hanged till death without much ado. This is perhaps a major ingredient for Ms. Bhutto’s political adhesiveness, but probably not the only one. There’s also that promise – only to political heavyweights albeit – of garnering a high Internal Rate of Return[i]. And on some level, there’s probably ideological mesmerism involved too - at least for those few who are still motivated by overarching principles instead of material agencies.

Continue reading ‘A Macro-Analysis of Barrister Chaudhry Aitzaz Ahsan’s Open Letter’

Deposed judges release ruling against Musharraf

[I would definitely like to see the content of this judgment. And maybe compare it to the one released by the ‘other’ SC yesterday.] 

By Rauf Klasra

ISLAMABAD: Three defiant judges of the Supreme Court, who are presently under house arrest after imposition of emergency, have now declared in their detailed judgment submitted before the SC last Friday that General Musharraf could not be allowed to contest the presidential elections.

They say frequent military interventions and destabilization of elected governments have given “rise to indiscipline, disorder, unemployment, massive corruption, intolerance, and extremism in Pakistan, which must be eradicated and eliminated with iron hands”.

These judges who had refused to take oath under the PCO, have also observed in their joint judgment, which has not been released to the media, that continuation of Musharraf as the army chief beyond December 31, 2004 was “illegal and unlawful”. Continue reading ‘Deposed judges release ruling against Musharraf’

World Must Make Musharraf Restore Supreme Court — Financial Times editorial

What Musharraf must do now

Published: November 18 2007 19:26 | Last updated: November 18 2007 19:26

The current political situation in Pakistan is a perfect illustration of the maxim that democracy is about much more than voting. After declaring a state of emergency, dismissing most of the Supreme Court and locking up many leading intellectuals, it was inevitable that General Pervez Musharraf would come under pressure from his western backers to “restore democracy”. They do not want to endorse military dictatorship. And there are also tricky American legal requirements which might restrict the flow of aid to Pakistan, if Gen Musharraf is too openly undemocratic.

So the general is trying to oblige. He has declared that elections will now go ahead in January. He has, thankfully, begun to release some of those locked up under martial law. On Friday, the government ended the house arrest of Asma Jahangir, a leading lawyer. Continue reading ‘World Must Make Musharraf Restore Supreme Court — Financial Times editorial’

Pakistani chief justice to receive Harvard Law School ‘Medal of Freedom’

There you go! Who would have thought on March 8, 2007 that Chief Justice Chaudhry would be an international hero getting the ‘Medal of Freedom’ for upholding the highest standards of ‘freedom, justice and equality’. This honour is not only for CJ Chaudhry, but every other deposed judge and all those lawyers and members of civil society involved in the movement.

Pakistani chief justice to receive Harvard Law School ‘Medal of Freedom’

Lawyers in Pakistan

Following last week’s military crackdown in Pakistan and the detention of hundreds of lawyers, the Harvard Law School Association has decided to award Pakistani Chief Justice Iftikhar Chaudhry its highest honor: The Harvard Law School Medal of Freedom. Chaudhry was detained after he convened the Pakistani Supreme Court to declare the current state of emergency imposed by General Pervez Musharraf to be null and void.

Although Chaudhry has been placed under house arrest and is not free to leave Pakistan, Dean Elena Kagan has reached out to the chief justice regarding the award and hopes that he’ll be able to come to the Law School to receive it when the state of emergency is lifted.

Continue reading ‘Pakistani chief justice to receive Harvard Law School ‘Medal of Freedom’’

NYC Bar Association President’s letter to the President of Pakistan

[Here’s a copy of the letter sent by the President of NYC Bar Association to the President of Pakistan. Also, below is a letter by South Asian American Forum Action Fund which was sent to each member of Congress. Since the US plays such a key role in Pakistan’s domestic policy we must also keep an eye on what’s being said there.]

NYC Bar Association President’s letter to the President of Pakistan

Dear General Musharraf:

I am writing on behalf of the Association of the Bar of the City of New York. The Association is an independent non-governmental organization with more than 22,000 members in over 50 countries. Founded in 1870, the Association has a long history of dedication to human rights, notably through its Committee on International Human Rights, which investigates and reports on human rights conditions around the world, including within the United States.

We write to you today to express the Association’s grave concerns regarding the situation in Pakistan. Continue reading ‘NYC Bar Association President’s letter to the President of Pakistan’

Statement issued by Hon.Chief Justice of Pakistan Mr.Justice Iftikhar Mohammad Chaudhry

I haven’t been able to check the authenticity of this statement, but its substance is consistent with the stand that has been taken by the non-oath-taking judges. Interestingly, today the eight-member full court of the Supreme Court declared the seven-judge decision against the declaration of emergency as null and void:

The full court ruled that the decision was null and void as it was taken after the declaration of emergency and they had ceased as judges with declaration of the emergency.

It was binding for the said seven judges to take oath under the PCO to continue as the judges of the Supreme Court but they did not and ceased as judges, the ruling said. (Geo News website)YoYo

Even though all this is an exercise in futility there must be a reason why, even before deciding on the presidential election case, the judges took up the petition by AG Malik Qayyum against the decision by former judges of the Supreme Court. Maybe they want to remove all confusion in people’s minds about their own legitimacy, but it would seem that they are wasting the court’s time dealing with something that has already been decided upon by the Musharraf government. If the decision of the former judges was to have any effect then they would be the ones sitting in court today and not Justice Dogar’s bench.

We may never find out what was done first - the issuance of the Order by the 7-member SC bench or the issuance of the PCO (just for reference the Order by the SC bench is attached above - you may click on the image to read it). The current SC bench claims that the Order was issued after the PCO was promulgated and hence is null and void, however, certain newspapers have reported otherwise. Additionally, upon reading the statement by Justice Chauhdry it seems that he feels that even though the PCO may have been issued first it can be restrained by the SC Order. If that is the case then today’s decision by the SC is questionable. The question is, is the PCO an unquestionable exercise of power, which can not even be challenged in the SC, and granted under the Constitution or have the current SC judges once again surrendered the powers granted to the judiciary under the Constitution?

Please find below the text of the statement issued on behalf of the Hon.Chief Justice of Pakistan Mr.Justice IftikharMohammad Chaudhry.

Continue reading ‘Statement issued by Hon.Chief Justice of Pakistan Mr.Justice Iftikhar Mohammad Chaudhry’

Musharraf may move against Pakistan CJ again

Written by Hamir Mir, this article appeared on the Indian website rediff.com. If there is any truth in it then it seems like Musharraf is not willing to learn. If the aim is to stay in power regardless of what the will of the people is then he should go ahead. I have a question though. If these politlicians are in fact innocent and nothing can be found implicating them in these corruptions cases then even if the SC declares the NRO ineffective, what difference does it make to these politicians? It would only make a difference if they know that they are guilty and, more importantly, the government or the ISI has enough evidence to prove that.

Pakistan President General Pervez Musharraf is planning to attack Chief Justice Iftikhar Muhammad Chaudhry again with the active support of Benazir Bhutto and covert support of the United States. High level meetings are going on in Islamabad in the last two days to chalk out a new strategy against Justice Chaudhry who is becoming a real threat to the Musharraf-Benazir understanding by puncturing the highly-publicised presidential ordinance through which leaders of the Pakistan People’s Party got amnesty from corruption cases.
Continue reading ‘Musharraf may move against Pakistan CJ again’