Justice Movement in New Territory
By Sameer Shaharyar • Mar 28th, 2008 • Category: Politics • 9 Comments •Justice Movement which started on 9th March, 2007 has entered into a new era. On 9th March, President Musharraf ousted the Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhary with a lame ordinance.
At that time Pervez Musharraf was a serving general with all the might and power enjoying full support of establishment and in the so-called elected parliament of PML-Q and MQM, and he had also the support of black sheeps like Fazlur Rehman in the opposition (who sadly enough is once again contaminating the fresh mandate). In his blind and unleashed power President Musharraf tried to brush away CJP, who stood with full height in front of him and said ‘No’.
That No triggered a unique and celebrated movement which has created this mini revolution in which the King’s Party PML-Quisling has routed, and Musharraf is in hot waters very much uncertain about his future. His Nov 3 incarceration of judges has been lifted but judges are yet to be restored. It seems that they would be restored too soon and that will usher new and continuous challenges to the judiciary and then the lawyers have to put a vigilance on the judges that they remain judicious, impartial and neutral.
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I just can’t wait for the day when Judges will be restored. That will be the real step forward to the change for which this voted for.
Leaving all arguement aside …. I think the only way that Justice Iftikhar Mohammad Chaudhary can be Honourably Restored is by answering all the Questions raised against him in the Reference presented in the Supreme Judicial Council …. and clearing all the doubts in the minds of the Awam … I am sure many believe that the charges were true and that is why it was not allowed to be heard by the SJC … I think the taking up of the case by the Larger or whatever bench was contrary the Legal System (Some Lawyer may please clarify this point)
Justice Movement or Ego movemnet with the motive “to hell with the country, we will replace Musharraf.”
He may be restored only if he takes another oath from President Pervez Musharraf with specially added lines in his oath that ” he will not inerfere in the govt. adminstration affairs, will limit his use of (one sided) Suo Moto actions i,e if Kurd/Malik says they will burn down Supreme court if any decision come against them; he must take action against them as well.
He will apologize to the nation for releasing terrorists from the prison. He takes back his suoto moto action for rebuilding of Jama Hafsa on the same land which was illegally occupied by Ghazi Bros. and he firmly state that he would not involve in any politics in the future.
I think then only he will be acceptable to the nation
The great Chief Justice Syed Sajjad Ali Shah, a true gentleman and patriot, who was publically humiliated, chased out from his court (gross contempt in the face of court) when our Supreme Court was attacked and descred. He was removed from his position by treachery, trickry, and conspiracy (this all took place under the supervision and direction of then PML(N) under PM Nawaz Sharif in 1997). He was asked in an interview, after Sharif’s fall and ouster, if he should be reinstated. THe CJ answered that no - it’s not the best course. Great!
In law there’s a doctrine of ‘Conflict of Interest’, simply put if all former judges are reinstated all there decisions will be questined and suspect of being biased. We as human beings can not suddenly be expected to behave above human instincts and impulses. It’s neither fair nor possible.
They will be open up to too many controversies and no matter what they say there will be questions about fairness of their stand. Thing like whether or not Supreme Court should uphold the NRO; whether or not Musharraf’s PCO of 2002 a legal action, if yes then why PCO 2007 is not equally legal; if PCO 2002 was not legal then those justuces who refused taking oath under that order, why should they not also be reinstated; if PCO 2002 not legal then what about the oath of office administered to Chief Justice Iftikhar Chaudhry? Whether or not the Supreme Court should review its decision regarding Z.A. Bhutto’s case - either uphold it or overturn it; what about so called Mehran Bank - Retired General Aslam Beg and IJI case (Nawaz Sharif being chief beneficiary of that scam). What about the cases regarding corruption of all the 4 stunt in government by all these “beacons of our hopes” the “heavily mendated” politicians busy in intriques to outfox each other…..and so on so forth!
Another pertinent question that comes to mind is that : Qarz Utaro Mulk Sawanro scheme whcih just vanished with all the funds and all. No audits, no accounts - what hapend - If I remember it right towards the end / or may just about the time trouble with the judiciary started - the CJ I. Chaudhry had raised and inquired about its fate. Now, if he doesn’t open this issue - we wil doubt that may be OUR interests are compromised in return for reinstatment—etc. etc
The position is very obvious….. it is a movement for regaining power and cover up …… I once again say that the only way that Justice Iftikhar Mohammad Chaudhary should be acceptable to the Awam is - if he presents himself before the SJC. … I still think that the taking up of the case by the Larger or whatever bench was contrary to the Constitutional Procedure ..(Some unbiased Lawyer may please clarify ….)
Mr Aftab: Once again read and think on your statement. “The great Chief Justice Syed Sajjad Ali Shah, a true gentleman and patriot”
I can just smile on your statements. You forget all those judges like Justice Wajeeh Ud din, Justice Nasir Ul Mulk, Justice Saeed Uz Zaman Siddiqui, Justice Ajmal Mian and lot more. I tell you why you forget all these and giving all medals to one Justice Syed Sajjad Ali Shah, because Supreme Court issue was raised at that time by your unliked Party. Come on borad with totally unbiased comments. You not give credits to those judges who refused to take oath in 1999 under Military dictator Musharraf law and now they are raising voice for truth.
Saleem Saheb, if you accept one as a ‘great’ for what his actions suggests while acknowledging him doesn’t mean belittling anyone else. The point was CJ Syed Sajjad Ali Shah had a reason to carry a grudge against those who caused not an act of blatant comtempt to the court and the Chief Justice, it was also a personal humiliation to the person (the human side) and when he was asked about his opinion regarding reinstatement he responded in the best national interest. I am really sorry if my statement above somehow reflected my personal bias; my intention was far from it.
I have a thing about CJ Ajmal Mian - He could have made an example out of those who dared attack and contempted the Supreme Court of this our land. He could have created such a precendence that after that what happend in 2007 with this highest court would not have taken place. You know if one head of the government, Nawaz Sharif and his minions got away with this, others get wrong message.
As far as your smiles are concerned, I am glad that you smiled, considering the prevailing attitude about disagreement in our society. Remember, ‘great’ ZA Bhutto telling in the National Assembly of Pakistan during its session when that young (at that time) lawyer and member of PPP party by the name Kasuri (I think his name is Ahmad Kasuri, same guy whose face was blackened by the goons under the leadership of that pretentious bands of “Top Lawyer”) had showed guts to publically disagree. The warning was, “I WILL FIX YOU!”. This eventually came haunting the PM Bhutto (unfortunately). (NO I am not from Kasur and this Kasuri is not a friend or a political idol for me!).
Keep on smiling! May you be blessed with ever lasting SMILES.