Asian Human Rights Commission Calls for Probe Against Arslan Ifthikar Chaudhry

The Judicial Commission must probe the allegations against the Chief Justice and his son for the misuse of his office

The parliamentarians and leaders of the lawyer’s movement, which restored the judiciary, have come out with strong criticism against the Supreme Court and particularly against the Chief Justice of Pakistan. They are concerned that he has overstepped the domain of the Constitution and is acting too independently. Besides this, the members of the ruling parties are also accusing that the Supreme Court, particularly the Chief Justice is undermining the supremacy of the parliament and sometimes ridicules the mandate holders of the public.

The most disturbing debate in the print and electronic media is about the corruption charges against Arsalan Iftekhar (32), Choudry’s son who took bribes in the shape of luxury flats in London, hotel accommodation in Park Lane and to enjoy gambling in Monte Carlo from a property developer to provide relaxation in cases through his father. During the open discussion in the media it is also alleged that the Chief Justice is using his influence to stop any inquiry against his son. Due to his position as Chief Justice the judiciary is trying to appease him and protect Arsalan asserting that the demand for an inquiry against him is an attack on the judiciary.

In the effort to resist the attack on the judiciary via Arsalan’s corruption charges, the Supreme Court’s divisional bench has stopped the inquiry against him through a stay order just to show solidarity with the Chief Justice who is not happy with the media’s freedom. In a recent petition against the obscenity based programs in the media he tried to impose a kind of censorship for “guided freedom” to keep the Islamic identity of the country. For this purpose the CJ has squeezed the Pakistan Electronic Media Regulatory Authority (PEMRA) to follow strict rules on the media.

During the media discussions the members from the ruling party have also come out with the documentary evidence that the son of the CJ is using the official residence of the Chief Justice as the business address for the bank accounts of his company and has transacted millions of Rupees through these accounts. The parliamentarians are claiming that the CJ is fully aware of the business being transacted through his official residence and is therefore, equally responsible for the corruption of his son.

Riaz Malik, the property dealer, has submitted a statement before the court that he has showered gifts and cash in excess of 2 million pounds sterling on Arsalan Iftikhar Chaudhry. He submitted that everything spent during three all-expenses-paid trips to London by Arsalan Iftikhar and other unnamed members of the family of the Chief Justice, could be shown in the form of receipts, airline tickets and tenancy agreements.

On the first trip, in the summer of 2010, a three-bedroom flat was rented in Portman Square for a month for £40,000, and a luxury Range Rover was hired for transport around town.

The party made a four-day side-trip to Monte Carlo where Iftikhar gambled in the casino of the Hotel de Paris, losing his wealthy benefactor €10,000 (£8,800) (Rs. 1.2 million) in cash.

Trips the following year included stays at a luxury hotel and a flat off Park Lane costing £4,000 a week. Malik Riaz included copies of Arsalan’s passport, cheques, wire transfers, bank statements and tenancy agreements with his statement to back up his claims. He (Malik Riaz) said his son-in-law had paid all expenses for three trips made to London by Arsalan during 2010-11 and one visit to Monte Carlo in 2010. Arsalan was accompanied by an unidentified woman and a man during his trip to Monte Carlo, and the equivalent of Rs. 1.2 million was paid in cash for losses incurred by Mr. Arsalan while gambling, the statement said.

In a news conference Malik Riaz raised various questions on the transparency of the case and made claims that he met with Chief Justice in the presence of his son, Arsalan Iftikhar. He said that the Chief Justice knew about the business dealings and should have taken suo moto action before the media broke this news.

In addition to the accusation of corruption and open support to his son there is also serious debate on the biased performance of the Superior Court and the judges for exceeding their constitutional powers and allowing themselves to become involved in the political decisions.

The former President of the Supreme Court Bar Association, Asma Jahangir has said if the judiciary continues to nourish political thinking it will lead to unrecoverable loss. Talking to the media outside parliament, Asma Jahangir said when the courts do not give ruling in accordance with the constitution and show political bias, the common man loses confidence in the courts. She said the Supreme Court should see Arsalan Iftikhar and PM Raja Pervez Ashraf with the same eye of justice. She said justice should be practised but the court should also follow some code of conduct. She alleged the quickness in NRO case is part of a plan, which will cause a serious damage to the country and democracy. She said she does not support the new contempt of court law, as many of its sections are against the spirit of the constitution but restrictions cannot be imposed on the parliament taking away its right of legislation. She vowed she would never surrender if the judiciary forbids her from giving statements.

Aitzaz Ahsan has said that the judiciary was stepping out of the domain of the constitution in some matters and was getting too independent. While being interviewed by BBC Urdu, the former president of the Supreme Court Bar Association said that the activism of the apex court was one-sided and not equal for all aspects. He observed, “The stance taken by the Chief Justice in a speech that the judiciary can stop the Parliament from a Constitutional amendment clashes with the Supreme Court’s own decisions”.

He said that the Supreme Court could only review the amendments made through simple majority for any discrepancy within existing articles of the constitution. “However, amendments passed with a two-third majority cannot be challenged in the court”, he asserted. Commenting on the controversial Arsalan Iftikhar case, Aitzaz Ahsan was of the opinion that the proceedings against the CJ’s son had raised questions about the impartiality of the court. “The present judiciary is diverting from the prevailing principles of investigation into Arsalan’s alleged dealings with Malik Riaz Hussain”, he added.

Under these circumstances of the accusation and the campaign of maligning the judiciary the Judicial Commission must take these accusations seriously which highlight unconstitutional methods being used by the highest judicial offices. Any failure to do so could well undermine the peoples’ confidence in the judiciary which was restored by the very people that look to it for fairness and transparency. Demoralisation is a short step away if it is seen that the judiciary has one rule for its own and another for the people. This situation will be used by supra-constitutional forces if it is thought that the judiciary is corrupt and steeped in nepotism. It will be the excuse needed for another military takeover in the name of protecting the people of the country.

Criticism of the Supreme Court by Shafiq Awan

Justice should be blind, not deaf and dumb

Shafiq Awan/ Daily Times

Nodoubt the Supreme Court did a wonderful job and for the first time in history, we saw sacred cows at the mercy of the court, otherwise they were considered to be above the law and we salute the Chief justice Mr Iftikhar Muhammad Chaudhry and his team for being so courageous.

The deprived feel a sense of strength and pride as every one was being honked with the same stick, which called – justice is blind – treating every one setting aside someone’s status.

Finally NAB has written letters to the Swiss government for the reopening of Swiss cases.

The question is, if the government had done it now, why did it delay this action and embarrass itself?

But every one felt that during Tuesday’s (March 30/ 10)proceedings, the accused were humiliated and the Supreme Court’s remarks were taken in bad taste.

Ali Ahmed Kurd, former president of Supreme Court Bar Association, and many others felt this bitterness and had their own interpretations. Kurd was of the view that he was afraid of the time when the appeals of his clients would be heard in the Supreme Court. Kurd is an emotional person and his commitment with the independence of judiciary is undoubted and the chief justice (CJ) should weight his arguments.

The Supreme Court is the last mercy and through their act, people should not get the impression that mercy could not be that ruthless. Kurd quoted Jamshed Dasti, former member of national assembly, and said he was humiliated by the court. I was also shocked when he recited the holy Quran and the right answers to the question asked by court to a few TV anchors, why he could not answer in the court.

His point of view was t hat he was confused and under pressure due to his respect for the court. Such aggressive and humiliating stance by the Supreme Court is painting a different picture in the public. Although people have argued when you leave your answer-papers blank in the examination hall, you can not blame the examiner as you were under pressure. Even in that case he should not be humiliated. Ahmed Riaz Sheikh’s council Rashid A Rizvi remarks that the Supreme court snubbed him on defending Sheikh in the court.

To me, the judge should speak through his decision but not his grudges. On Tuesday, news channels were painting the judiciary like a horror movie in which cruelty prevails and not sense. Even my kids were confused and terrorised when they were reading the tickers in which the government officers were praying to the court for mercy in the name of God and the Holy Prophet (peace be upon him), but their pleas were rejected. We are living in a civilised society and not in a barbaric era.

The court can simply punish them if they were not abiding by the law instead of humiliating them and spreading a sense of insecurity among the masses. The Supreme Court could at least direct the electronic media to avoid spreading sensationalism, which is not in favour of the Supreme Court as well. Ahmed Riaz Sheikh might have deserved more punishment, but not the humiliation he received.

TV talk shows are creating a perception that judiciary might have played a role in Nawaz Sharif’s U-turn over judges appointment. There arguments said that Nawaz was told that pending cases against him would be reopened if he supported the proposed amendments over the judges appointment recommended by the PCCR and agreed by his party as well.

These channels are also talking that the president’s wings would be clipped first then it would be his turn. Is it a service to judiciary? Please stop such nonsense discussions and do not hurt the judiciary’s respect and honour.

I disagree with this perception as the judiciary has nothing to do with what politicians are doing. Nawaz Sharif is habitual in betraying as he did with Muhammad Khan Junejo when he sided with Ziaul Haq, then his party while taking a solo flight to Saudi Arabia through striking a deal with the dictator Mushrraf and now backstabbing parliament on the 18th amendment by his U-turn. The judiciary should not be blamed for his acts.

However the argument carries weight as to why Zardari and his team was targeted for accountability. Nawaz Sharif’s dozen of cases are pending in the courts. Why is he immune? Now TV shows are talking about Punjabi Supreme Court as no Judge from Sindh or Balochistan are in the Supreme Court bench? This allegation could be for the sake of allegation and have no weight. But leg-of-mutton sleeve policy should not be applied and both parties should be dealt even-handedly. Justice should be blind, but not deaf and dumb.

Only across the board accountability could save Pakistan. Justice should not be a beauty for a certain group and a beast for others. 

Is the Chief Justice Acting on His Own?

In a country where politics can get very personal, the Chief Justice’s relationships with the pillars of civilian and military power, President Zardari and Army Chief of Staff General Ashfaq Kayani respectively, could be important in shaping Pakistan’s transition from de facto military rule to civilian democracy. 

And those relationships are likely to be tested in the tussle over a package of wide-ranging constitutional reforms that was due to be introduced to parliament, whose purpose is to reverse changes made by previous military rulers, trim the power of the presidency, and alter the procedure for Supreme Court appointments. The bill would take Supreme Court appointments out of the hands of the president, who now makes nominations after consulting with the chief justice, and place them before a government legal committee that also includes several justices. 

The proposed reforms have widened the rift between Chaudhry and the government that has grown since the Chief Justice in 2009 struck down amnesty decrees by Musharraf that protected many senior figures in government — including Zardari himself once out of office — from prosecution on corruption charges. And some saw the Chief Justice’s hand in the eleventh-hour stalling of parliamentary debate on the constitutional package by opposition leader Nawaz Sharif, who objected to proposals on the selection of judges. Sharif’s opposition, some senior politicians suggest, results from being pressured by Chaudhry, who is allegedly opposed to having his own power in the selection of judges curtailed. “The chief justice threatened [Sharif]. He said he’d open up all cases against him,” a senior leader of the ruling Pakistan People’s Party said on condition of anonymity. “He’s become an absolute dictator.” 

On the contrary, says a legal expert at the Supreme Court and Chaudhry associate speaking on condition of anonymity, the conflict is caused by the “government wanting a chief justice and court which is compliant, not independent.” 

The standoff over how judges are selected could have far-reaching implications in a political order feeling its way towards democracy, with the different branches of government are attempting to first stretch the bounds of their authority and second, to learn how to work with each other. The problem in Pakistan has historically been with the military’s intervention, transitions have been disrupted, and the judiciary in the past has supported every military intervention. 

But as the two civilian branches of government tussle over their powers, neither appears to have clear backing from the military, whose preferences are often decisive. Still, some Pakistani media commentators suggest that the generals may be colluding with the judges to limit the power of government, already groaning under the weight of the president’s sagging popularity. They point to a stalled but soon-to-be-reopened Supreme Court case that accuses intelligence agencies of using the “war on terror” as a pretext to secretly detain thousands of citizens suspected of links to Baluchi separatists and other radical groups. Supreme Court Justice Javed Iqbal in the case recently said that the court “would not like to create the impression that it was out to destroy or tarnish the image of intelligence agencies” with regard to these cases. 

Chaudhry had in 2007 begun to investigate the issue of Pakistanis alleged to have disappeared into secret custody before he was deposed by Musharraf, and had ordered members of the security forces to produce several of the missing in court. Now, some media commentators are suggesting that Chaudhry is retreating from that fight. Chaudhry’s supporters deny the claim, and say that the court will not shy away from prosecuting any security officials who have broken the law. 

Whatever the outcome of the particular battles over constitutional powers and various court cases, what remains clear is that Justice Chaudhry, while holding an office that is ostensibly above politics, will remain in the thick of it.

Lawyers’ Movement was Given Rs 30 Billion?

The Lawyers’ Movement initially began as a result of the actions taken by General Musharraf on 9th March, 2007. Musharraf, after getting intelligence that Chief Justice Iftikhar Muhammad Chaudhry was conspiring with Nawaz Sharif to overthrow the government called for a meeting and asking him to resign or face “charges of misconduct”. The Chief Justice refused to resign and preferred to defend the charges. Within two months the movement took the path of Color Revolution, getting enormous funds from USA and other countries with the main aim of destabilizing Pakistan and forcing Musharraf out of office. The organization and publicity of the entire campaign is calculated to have cost around Rs 30 billion. How much did this cost Pakistan? There is no work done, however, a good estimate would be around US$ 100 billion. 

Why America?

Although the movement was jump started by Nawaz Sharif, on the way it became the main vehicle for USA to remove Musharraf who was not going for US backed Central Asian pipelines but leaning towards China. Bush Administration was convinced by Dick Cheney that if Musharraf stays in power China will get the Central Asian fuels. After Dick Cheney’s February 2007 visit of Islamabad and Kabul CIA starts working with RAW in Afghanistan to arm the suicide bombers and militants in the Red Mosque in Islamabad as the first phase. The process takes nearly a month during which time in a separate incident Musharraf dismisses the Chief Justice. Seeing the Lawyers Movement as a better vehicle, the American and Indian efforts turn from Red Mosque to the movement. 

Another aspect of ousting Musharraf was his decision to clamp down on the drug trade through Pakistan. This would have affected above all, Ahmad Wali Karzai (younger brother of Afghan President Hamid Karzai) who earns an annual profit of US$ 1 billion (10% of total Afghan drug money), CIA’s black operations wing and its related US personnel. Thus it was the personal agenda of many in Bush Administration and Pakistan and Afghanistan’s US Embassies to get Musharraf out before he puts a stop to the highly lucrative drug trade. 

Why Dick Cheney?

Early 2007 Musharraf had decided not to go for Unocal (now Chevron Corporation) and Halliburton backed Central Asian pipeline which would have cost Vice President Dick Cheney great sums of money. Thus a personal agenda was turned into a revolution. He tried all in his power to get Musharraf out within the tenure of his Vice Presidency and get Pakistani Government’s approval for the billions of dollars worth Central Asian pipeline to be built by Unocal and Halliburon. 

Timeline of Lawyers’ Movement

04 Feb 2000: Iftikhar Muhammad Chaudhry, then 52, is appointed to Pakistan’s Supreme Court. He supports President Parvez Musharraf, voting to ratify the general’s 1999 military coup. 

30 Jun 2005: Mr Chaudhry is appointed chief justice, makes a speech talking of a “serious crisis of confidence between the people and the judiciary”.

March 2005: the Chinese National Offshore Oil Corporation (CNOOC) tries to acquire Unocal with a bid that valued Unocal at between $16 billion and $18 billion. Following a vote in the United States House of Representatives, the bid was referred to President George Bush, on the grounds that its implications for national security needed to be reviewed. CNOOC withdrew its bid. Soon after, Unocal merged with Chevron. 

18 Jul 2005: The Indo-U.S. civilian nuclear agreement, known also as the Indo-US Nuclear Deal, refers to a bilateral accord on civil nuclear cooperation between the United States of America and the Republic of India. 

23 Jun 2006: Supreme Court of Pakistan stops privatization of Pakistan Steel Mills. 

26 Feb 2007: Dick Cheney visits Pakistan for few hours [1]. Mr. Cheney traveled with the deputy director of the Central Intelligence Agency, Steve Kappes. Just hours after Vice President Dick Cheney delivered a stiff private message to President Pervez Musharraf in Pakistan, the Pakistani government lashed out with a series of statements insisting that “Pakistan does not accept dictation from any side or any source”. 

9 Mar 2007: Musharraf removes Chief Justice Iftikhar Mohammed Chaudhry, after the agencies find sufficient proof that he was conspiring with Nawaz Sharif against the government. Nawaz Sharif had promised to make him the President of Pakistan once he becomes the PM.

12 Mar 2007: Lawyers begin boycott of court cases and protests in support of Mr Chaudhry. Nawaz Sharif pumps millions of his own dollars into the lawyers protests. A major portion of this booty goes to Munir A. Malik and Aitzaz Ahsan as their “consultation fee”. 

13 Mar 2007: Mr Chaudhry appears before a closed hearing of senior judges to answer allegations against him. 

15 Mar 2007: An accute shortage of black colored jackets and coats appear throughout the country. Prices of black colored cloths and coats sky rocket because of the demand. (The Reason: Thousands of people are buying black coats which represent lawyers uniform ahead of the protests in the country). 

16 Mar 2007: Violence breaks out at Islamabad rally in support of Mr Chaudhry. 

27 Mar 2007: President Musharraf tells rally in Rawalpindi that no one will be allowed to politically exploit Mr Chaudhry’s suspension. 

27 Mar 2007: Burqa-clad female students from the mosque’s Jamia Hafsa school abduct three women they accuse of running a brothel. The women are released after they “repent”. 

30 Mar 2007: Authorities shut down an illegal FM radio station set up by the students and hardline clerics to propagate their strict version of Islam. 

12 May 2007: Riots erupted across Karachi (2007 Karachi Riots), capital of the province of Sindh and the most populous city in Pakistan, spurred by the arrival of deposed Chief Justice of Pakistan.

18 May 2007: Red Mosque students seize four policemen and demand that authorities release 11 comrades being held in detention. The four policemen are later freed. 

9 Jun 2007: Benazir summoned senior party members to Dubai on 9 June 2007 for a ‘briefing’ by a team from the US Democratic Party’s National Democratic Institute (NDI), ostensibly on the subject of elections in Pakistan. The ruling Republican Party’s International Republican Institute (IRI) had conducted the previous four ‘briefings’ in June and September 2006 and March and April 2007. Benazir leaned towards the Democratic Party in the last one no doubt as a hedge against the party’s possible victory at the forthcoming US Presidential Election. 

23 Jun 2007: Students kidnap nine people, including six Chinese women, and accuse them of running a brothel. They are released after about 17 hours. 

29 Jun 2007: President Musharraf says suicide bombers from an al Qaeda-linked militant group are in Lal Masjid. 

3 Jul 2007: the stand-off between the students barricaded inside the Red Mosque (Lal Masjid) and the government results in bloody gun battles. 

4 Jul 2007: Abdul Aziz, chief cleric of Lal Masjid is caught while trying to flee in a burqa. Thousands of students surrender for Rs 5000 and safe passage each. 

8 Jul 2007: The standoff between the Pakistani government and the clerics of the Lal Masjid in Islamabad finally broke down on the morning of 8 July 2007. Government storms the mosque. The government managed to recover 1,300 men, women and children during the operation. Some of these women, who were recovered safely on the last day of the operation, had their written death wishes with them. Six hundred suicide bombers are present in Karachi revealed Qasim Toori and Danish alias Talha during interrogations by law-enforcement agencies. Most of the suicide bombers are also former students of Islamabad’s Lal Masjid. 

17 Jul 2007: Assassination attempt is made on Chief Justice Iftikhar Chaudhry however, he escapes. 

20 Jul 2007: the Supreme Court of Pakistan restored the Iftikhar Mohammed Chaudhry with full dignity and authority. 

24 Jul 2007: Abdullah Mehsud is killed by Pakistani security forces. 

20 Aug 2007: Ifikhar Mohammad threatened Tariq Pervez (the director-general of Pakistan’s Federal Investigation Agency) with jail if he did not produce ghost detainee Hafiz Abdul Basit. Chief Justice Chaudhry ordered “He must be produced today or you will be sent to the lock-up.” Under this threat he was released by the intelligence agencies. Hafiz Basit was later implicated by Musharaff government in the assassination of Ms Bhutto. 

Sep 2007: Benazir visited the Senate in September 2007, she had convinced the Bush Administration of her unswerving loyalty; for ’she received a standing ovation from a select gathering of US lawmakers, diplomats, academics and media representatives. This contrasted sharply with her previous visits to the US capital when she received little attention.’

Three weeks later Secretary of State Condoleezza Rice made it appear the Bush Administration wished to bring together ‘moderate’ forces, implying a scenario in which Musharraf and Benazir would join forces as President and Prime Minister respectively; and Deputy Secretary of State John Negroponte corroborated Rice: ‘Our message’, he intoned, ‘is that we want to work with the government and people of Pakistan’. 

18 Oct 2007: An assassination attempt on Benazir Bhutto is made (2007 Karachi Bombing) but she survives. President Parvez Gen Musharraf calls the attack on Ms Bhutto’s convoy was a “conspiracy against democracy”(hinting towards the US involvement towards overthrowing the government). 

3 Nov 2007: Musharraf imposed state of emergency. Constitution was suspended. Sixty independent judges were dismissed. Intelligence agencies start systematically killing behind the scene key players in the conspiracy to overthrow the government. Some of these include: Zubair Ahmed Mujahid (shot dead 23 Nov). 

5 Nov 2007: Police raided the Lahore High Court Bar Association (LHCBA). After baton charging and throwing tear gas into the premises, arrested more than 800 lawyers.

In the wake of the imposition of emergency rule in Pakistan, on November 14, 2007, the Harvard Law School Association decided to award its highest honour, the Medal of Freedom, to Justice Iftikhar Chaudhry, following the military crackdown the previous week. He becomes the first Pakistani to be presented with such honour.

The National Law Journal picked Mr. Chaudhry as the lawyer of the year for 2007.

The Association of the Bar of the City of New York granted Iftikhar Chaudhry an honorary membership in the association on Nov. 17, 2008, recognizing him as a “symbol of the movement for judicial and lawyer independence in Pakistan.” 

27 Dec 2007: Benazir Bhutto is assassinated while Nawaz Sharif escapes an assassination attempt. The two attempts are very different in nature. Benazir Bhutto is assassinated in a typical CIA style while Nawaz Sharif’s attack was more like a domestic killing. It is obvious that Asif Ali Zardari acted on his own to carry out Nawaz Sharif’s assassination. Following Benazir’s assassination planned riots, looting and chaos errupts simultaneously throughout the country. Within a week the country looses nearly 10 billion dollars. 

9 Mar 2008: leaders of political parties Asif Ali Zardari , Pakistan Peoples Party and Nawaz Sharif Pakistan Muslim League signed an agreement to restore the judges within 300 days of formation of national government. Zardari backed out and the coalition failed to restore the judges. 

24 Mar 2008: Yousuf Raza Gilani ordered, soon after being elected Prime Minister, that all detained judges be released. 

12 Mar 2008: was another deadline for restoring the judges but nothing was done. This was the second commitment the government backed out from after the initial deadline of ‘within 30 days of formation of government’ which ended on 30 April, 2008. 

14 Jun 2008: A long march is held by the lawyers. 

7 Jul 2008: ISI explodes a bomb outside Indian Embassy in Kabul killing Brigadier Ravi Datt Mehta who had coordinated the mayhem in Pakistan in December 2007. 

3 Aug 2008: PM Yusuf Raza Gillani visits US. 

8 Aug 2008: ruling coalition leaders Sharif and Zardari once more agree to restore Iftikhar Mohammed Chaudhry as the chief justice if Musharraf resigns. But when Musharraf steped down, Zardari backed out of the deal for the third time. 

18 Aug 2008: Musharraf resigns.

Foreign investment and funds in the revolution stops at this point. 

25 Aug 2008: PML-N leaves the coalition government. 

6 Sept 2008: Asif Ali Zardari is elected the President of Pakistan by the parliament. 

25 Feb 2009: Supreme Court disqualifies Nawaz Sharif and his brother Shahbaz Sharif from holding or contesting public offices. 

11 Mar 2009: Several hundred lawyers and opposition party’s political workers and leaders were arrested. Ban was placed on rallies and protests in two of the Pakistan’s four provinces. 

12 Mar 2009: Lawyers, political workers and civil society gather in several cities for the Long March to Islamabad. Scuffle with police, hundred of arrests were made, none allowed to leave their cities for Islamabad. 

15 Mar 2009: authorities placed Nawaz Shairf, Atizaz Ahsan and many other leaders under house arrest. Shairf broke through the road blocks with his supporters and came out on the roads in Lahore to begin the Long March. This is believed to be the turning point of the movement Thousands of people joined the rally.

Midnight 15/16 March, 2009 government gave when thousands of people moved towards Islamabad lead by Nawaz Sharif. Iftikhar Mohammed Chaudhry was restored as Chief Justice of Pakistan and other judges dismissed by Musharraf.

US and Canadian Involvement

During the Lawyers’ Movement a completely new dimension of indrect involvement of USA in overthrowing a government was seen. The prominent of these were:

33 US Senators wrote to President Musharraf to release Barrister Aitzaz Ahsan immediately.

The US magazine Foreign Policy named Aitzaz Ahsan as one of the top 100 public intellectuals in the world in May 2008.

In early 2007, Musharraf was extremely popular. According to a US survey, IRI President General Musharraf was more popular in Pakistan than opposition leaders Benazir Bhutto and Nawaz Sharif. Around 37 per cent of the respondents were of the view that Musharraf’s supported PML-Q deserved to be re-elected. However, by August 2007, after the lawyers Judicial Activism started, Musharraf became slightly unpopular in Pakistan due to persistent media efforts and anti-Musharraf talk shows. An International Republican Institute survey, taken of 3000 people, showed that 64 percent of the population did not want another term to be granted to Musharraf as the president of Pakistan. 

USAID spent more than US$ 150 million (part of the American fund on terrorism which is “given” to Pakistan) within a year on helpding the movement. 

GEO TV which charges Rs. 100,000 per minute of air time showed continued transmissions of upto 30 hours. During the year the channel was spending more money than it showed in its tax returns. The only unaccounted profit was for “Voice of America” show. But whatever GEO TV was getting for airing the show it was enough to turn higher profits than airing aids for 30 hours (=Rs. 180,000,000 or US$ 3 million). And we are taking about this much money every day.

Why was Canadian International Development Agency (CIDA) distributing funds during the movement is anybody’s guess? 

Impact of Lawyers’ Movement

Pakistan’s economy suffered gravely, government focus shifted from work and economy to non-violent solution for the lawyers. PML-N was already fully involved from the onset, however, other political parties also jumped on the band wagon causing more disruption in daily life. The poorest and daily labourers suffered the most because of strike calls and road blockages.

The real story on the road was that poorest don’t wake up every morning to see Iftikhar Choudhry wearing a black suite, sunglasses, sitting in a new car parading on the streets of Pakistan, the poorest wake up and hope for a better day, a day in which they can increase their earnings and support their family, bring food to the table, they don’t want to see the roads blocked and strikes called which stop them from earning their daily livelihoods. 

As the riots and protests were held in the summer months, the intense head resulted in numerous deaths and hospital admissions because of heat exhaustion, nearly all of which were small time lawyers and their family members travelling either on foot or in non-airconditioned cars.

However, the behind the scene aim of ousting Parvez Musharraf was achieved at the end. 

Go Musharraf Go

Interestingly enough the salogans along the protests were not anything like “bring back Iftikhar Chaudhry” but they were “Go Musharraf Go, Go Musharraf Go.” The questions need to be answered that if the lawyers really wanted Iftikhar Chaudhry reinstated then why were they continuously chanting “Go Musharraf Go”.

Also, there were sixty judges dismissed however, only one was being paraded around and continuously given coverage and publicity.

End Result

Dick Cheney achieved the milestone of ousting Pervez Musharraf however, his final goal of getting the pipeline deals for his company did not materialize even after the change of the regime.

Winners 

Asif Ali Zardari – became President of Pakistan and had doubled his wealth within a year

Asif Zardari’s friends

Aitzaz Ahsan – earned world-wide fame, became a hero in Pakistan – monetary benefits yet to come

Munir A. Malik – earned tens of millions of dollars

Indirect Beneficiaries

There were some indirect beneficiaries of the entire movement such as:

Imran Munir

Collateral

Or in other words, Losers.

Benazir Bhutto (assassinated 27 December 2007) – she was in for power

Pervez Musharraf – out of office

Syed Hammad Raza (shot dead 14 May 2007) – he was in to get an important political seat

Kenneth Scott Andrew (murdered 8 April 2007) – to get promoted

Zubair Ahmed Mujahid (shot dead 23 Nov) – to get promoted

Dick Cheney – did not get the pipeline deal

Brigadier Ravi Datt Mehta (assassinated 7 July 2008) – to get promoted to Major General

Lesson

Unless you are as cunning and conniving as Munir A. Malik or Aitzaz Ahsan in a high level and stakes conspiracy you are very probable to end up dead. Don’t play for emotions or ego, play for money and you will win.

Chief Justice Met Musharraf Before Announcing Steel Mills Judgment

By Nayyar Afaq/ March 17, 2009

On one hand, terrorism and extremism is getting their roots deep in society, while on the other, the country is suffering a worst form of financial meltdown. On one side, armed forces and intelligence agencies are getting maligned through international campaign, and on the other, an environment is getting set that Pakistan’s nuclear weapons are not in safe hands.

This time when nation needs to be united to face and defeat the challenges, there is a cat and mouse game in play among the political parties and a vast majority is considering Lawyers’ Movement as the only solution to the problems of Pakistan.

When a Long March and sit in (Dharna) for indefinite period was announced by the lawyers’ leaderships, and when a worst form of law and order crisis was emerging on the streets, embarrassing Pakistan in the international community, the government of Pakistan surrendered to the demands of lawyers, and announced the restoration of Mr. Iftikhar Chaudhry. This is a right moment to take another look at the so-called lawyers’ Movement.

This movement is based on the perceptions that Mr. Iftikhar Chaudhry is the symbol of an independent and free judiciary, and that all the mess is created by President Musharraf, who was not happy by him over his suo moto actions, and that the reference against the judge was forwarded by the Prime Minister Shoukat Aziz due to his personal grudges with Chief Justice, over the decision against Steels Mills issue. The reality, through information that is revealed here for the first time, is a little different.

Steels Mills Issue-Unspoken Facts

A day before the judgment of Steels Mills, Chief Justice Iftikhar Chaudhry rang the military secretary of President Musharraf and asked for a sitting with him at Army House to discuss the details of the judgment. President allowed him to come and also did call Attorney General of Pakistan. When all three sat together, President said, “I don’t know the legalities, but all what I would like to say is that you took suo-moto action against the privatisation of Steels Mills. I believe in the dignity and honour of the Supreme Court. So, whatever be the judgment, it must not lower your dignity and honour, but remember government is doing a good job for privatisation. Please don’t try to hamper this process.”

Then both the attorney General and Chief Justice discussed the legalities and came out with a mid way solution. Chief Justice himself told President Musharraf that a good via media is brought out and he is going to give this as a decision the next day. Then Chief justice went to the bench and told that President himself has decided to cancel the privatisation of Steels Mills. So, without any idea of betrayal, 12 member bench of Supreme Court gave exactly the opposite decision to what expected by the government.

In 1985, soon after being established, it was planned to increase the productive capacity of Pakistan Steels Mills Corporation (PSMC) to 2.2 million tons annually to make it economically feasible. Unfortunately, the successive governments did not take personal interests and concerns in this project and finally the debt over Steels Mills reached to 19 billion rupees till year 2000 and the amount required for increasing its productive capability reached more than 200 billion rupees. The biggest challenge after 12th October 1999 coup was to bring Economic stability in the country. Musharraf did manage to convince Shoukat Aziz to resign from City Bank and to come back toPakistanand serve the homeland. The economic situation was like a nightmare. Foreign reserves were remained only 0.7 billion dollars and sanctions were uponPakistandue to nuclear explosions. No one was willing to take ‘risk’ of investing inPakistan. After military coup, the situation was even more difficult. It worried Shoukat Aziz, but he accepted the challenge. He made a win-win policy for economic revival. The core of the policy was deregulation, liberalisation and privatisation. It worked well, and a confidence of investors recovered inPakistan. Even during those months after 9/11, when Pakistan and  Indian armed forces were alert stand by on borders with eye to eye balls contact, investment did not stop coming inPakistanand Stock Markets shown good trends. Things were going fine and in the positive direction, but the suo moto action by Chief Justice hampered the overall process by shaking the confidence of the investors.

The day when decision came out was surely very shocking for the government. President Musharraf himself had visited China and Saudi Arabiato convince them to invest on PSMC. Finally after many years, his efforts bore fruits and he got able to convince Saudi Arabiabased Al Tawairqi Group of Companies to invest in PSMC. In May 2006, an open auction held in Islamabad and Al Tuwairqi Group submitted a winning bid of $362 million for a 75 per cent stake in PSMC. It was being privatized in the profit of $ 13 million (without solding the land of Steels Mills). Due to the opposite decision of Supreme Court, hundred million of dollars which were lying in our banks by Mr. Tuwairqi to invest on PSMC and to establish another steels mills were brought out of Pakistan. Disappointed by the decision, Mr. Tuwairqi told everyone to wind up and went out, as investing in this country is not safe. This was again a great shock forPakistan’s Economy. Without wasting a single moment, President Musharraf rung up Mr. Tuwairqi and requested him not to change his mind for investing in PSMC. Unfortunately, after having a bitter experience of Supreme Court’s decision, Mr. Tuwairqi excused to invest on PSMC. This was what Mr. Iftikhar Chaudhry did with the Economy of Pakistan, but his ‘media managers’ applaud his decision as his national achievement.

Presidential Reference against Chief Justice of Pakistan (CJP)

Print and electronic media inPakistanis used to remain very active and in search of any thrilling story soon after its independence given by President Musharraf. Ansar Abbasi (The News) investigated about the Chief justice and found that always a favour was given to his son Dr. Arsalan Chaudhry, directly by the orders of CJP himself, which were mostly not on merit at all. Due to unknown reasons, he did not public this story. However, he slipped his tongue in Geo’s famous ‘Capital Talk’ in early 2007. Kamran Khan, from Geo, also brought Dr. Arsalan on telephone call in early 2007, asking about the news against him. Dr. Arsalan, the son of CJP denied the news and told media that he is going to Court to defend these allegations. CJP anxious about media reports raised this matter to President Musharraf in his meeting with him on 13th February 2007. President instructed the investigation agencies to explore the realities behind these reports. The famous letter from Naeem Bukhari stimulated the issue even more. When the investigation completed, the findings were very shocking for President. They all were going against CJP. It revealed that not even the allegations of media about his son are true but also more serious findings were brought into notice of President Musharraf, including his personal corruption and greed for protocol, for which he was not entitled for. It all worried President. CJP had been used to visit President in his office and house many times, even with his family. There was nothing wrong in the personal terms and relations between the both. President Musharraf, at this moment, however had to decide what to select. Either he had to prefer personal relations or to follow the legal course of actions.

On 7th march 2007, Prime Minister Shoukat Aziz advised him to send the findings to Supreme Judicial Council (SJC) in the form of reference to decide for the fate of CJP. Justice Jehanzeb Rahim of Peshawar High Court also filed a reference against CJP in his letter to President. This was the time, when CJP highly informed about this progress, rung DG MI, Major General Mian Nadeem Ijaz on 7th March 2007, and requested him to get the copy of reference and to hand over it to him. Next day, CJP called Abdullah Yousaf, Chairman CBR in his chamber at Supreme Court to discuss the same issue of reference being filed by Justice Jehanzeb. CJP asked Chairman CBR to favour him by making clarification to President that he was not at fault over the allegations written by Justice Jehanzeb. On the same 8th march, CJP also rang military secretary (MS) of President Musharraf to arrange an urgent meeting with President the next day. Although President was due to leave forKarachion 9th March, to participate in the Pakistan Navy exercise “Aman 2007”, but MS rescheduled the program and asked CJP to visit by 1130 hours on 9th March at camp office of the President’s secretariat. The same night, CJP rang DG MI to be present in camp office to assist him. On 9th March, during meeting, President informed CJP about all the findings of investigations, and asked for the clarification of his position. President told CJP that he is going to forward the findings to Supreme judicial Council. Realising that the findings are embarrassing for CJP, he gave him a way out as a courtesy move, saying, “If you find the hearings of SJC below your dignity and honour, then you can resign to avoid the case.” CJP said that he would face the allegations in SJC and would defend himself. President then signed the reference and officially it was sent to SJC for hearings.

This was what happened. Unfortunately, the media and political parties developed strange perceptions and vicious hype was created all around the country. No one on media ever read and present the material filed in reference. There were serious allegations against the CJP. Question is whether CJP above law? Should there be no forum for his accountability? Even President is not above law. There is a procedure written clear in constitution regarding his impeachment. The media and the lawyers of CJP escaped themselves out of hearings of SJC, by using the political and media fronts, making false perceptions. By claiming that a ’dictator’ sitting in ‘Army House’ has ‘summoned’ CJP and ‘threat’ him to resign, totally wrong environment developed, which hijacked the minds of public, and a civil disobedience sort of movement sponsored in streets and roads of Pakistan, labelled under ‘lawyers Movement’, powered by political parties and media.

Let us check whether President Musharraf had followed the constitutional path or not.

………………………………………………………………………………………………………..

Article 48

(1) – In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet (or the PM).

………………………………………………………………………………………………………..

Article 209

(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(5) If, on information [from any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court,

(a) May be incapable of properly performing the duties of his office be reason of physical or mental incapacity; or

(b) May have been guilty of misconduct,

The President shall direct the Council to [or the Council may, on its own motion] inquire into the matter.

………………………………………………………………………………………………………..

Article 180

At any time when-

(a) The office of Chief justice is vacant; or

(b) The Chief justice ofPakistanis absent or unable to perform the functions of his office due to any other cause,

The President shall appoint [the most senior of the other judges of the Supreme Court] to act as Chief justice ofPakistan.

………………………………………………………………………………………………………..

So, what President Musharraf did was simply the constitutional route followed. There were media allegations about the misconduct of CJP. CJP even himself asked President to make enquiry about them. The investigations were being made. Prime Minister advised Mr. President to send the findings to Supreme Judicial Council. Under article 48 of constitution, President was bound to act upon the advice of Prime Minister. Meanwhile CJP himself asked to visit President atCampOfficeof President’s Secretariat. CJP was informed about the findings. He was willing to face the charges in SJC. Under the article 209, it was mandatory for President to send the reference to SJC, which he did.

What was unconstitutional in all that? Is Chief Justice above law? Or constitution can be hijacked by the rallies and public movements.

Unfortunately, what happened next made the social fabric of our society turned towards the worst and more worst. Supreme Judicial Council started hearings. CJP and his lawyers escaped the hearings by few excuses. They claimed that the judges of SJC are biased against CJP, and hence they must be changed. Media started campaign that President has nominated his own judges in SJC which was clearly wrong and false perceptions. The SJC was composed exactly according to the constitution, including the acting Chief Justice, two next most senior judges of High Court and two next most senior judges of Supreme Court. Then highly politicised and vocalised Aitzaz Ahsan, being invited frequently on the media channels used every tactics to provoke the feelings of public against President Musharraf and turning public in favour of CJP. The issue was sub judice and it was the contempt of court to speak about such issues live on TV channels, but everyone utilised the media forum to stimulate the public sentiments towards the movement of civil disobedience. There happened a chaos and anarchy everywhere inPakistan. President Musharraf said hundreds of times, that whatever be the decision, would be acceptable to the government. Taking this as a weakness of him, the highly politicised lawyers of CJP made such an environment that the hearings of SJC paused and the petition to stop its hearing was brought into the Supreme Court. Finally, after much mess, Supreme Court gave a verdict in the favour of CJP and he was reinstated on 20th July. Everyone applaud it well, not mentioning that Supreme Court had not given any importance to the charges filed under the reference. It was not fair at all, but being a verdict of Supreme Court, President Musharraf welcomed the decision.

Besides the ‘victory’ of reinstating CJP, the track record of so called ‘Lawyers Movement’ is so embarrassing. Let us have a brief over view how this ‘victory’ is being made and how throughout, lawyers have behaved:

1- Lawyers hijacked the accountability of CJP in SJC bypassing the Article 209.

2- Contempt of Court, being made every day by speaking live on TV channels against a sub judice issue.

3- Making allegations on the brother judges of biasness and personal interests just to escape the hearings of SJC.

4- Climbing at and breaking the gates of Supreme Court, just to pressurize the government and creating law and order situation by fighting with security forces and police.

5- President Supreme Court Bar Association Muneer A. Mailk forced the lawyers to join the so called Lawyers’ Movement by starting cancelling the membership of Bar Association of those lawyers who were not joining this brigade.

6- Attack on Khalid Ranjha (Government’s counsel) by lawyers when he was stepping out of hearing of SJC.

7- Attack on the car of Waseem Sajjad (Government’s counsel) by the lawyers when he was on his way to attend SJC hearing.

8- Attacking and beating a journalist ‘Khalil Malik’ by lawyers in the square of Supreme Court, just because he had published some material against the CJP.

9- Attacking and beating Advocate Naeem Bukhari in the quad of Supreme Court by lawyers, just because he exposed the ‘corruption’ of CJP in his letter.

10- When PM Shoukat Aziz went to submit the nomination papers of President Musharraf in Election Commission for Presidential elections 2007, lawyers surrounded the election commission, and Prime Minister remained under siege by these lawyers’ brigade for hours.

11- Throwing black poisonous acid on the face of Mr. Ahmed Raza Qasuri (Government’s Council) by a lawyer in the premises of Supreme Court. If he had no eye glasses on face, God willing, he might lose his sightedness.

12- Attack of hundreds of lawyers on Sher Afgan Niazi. God saved his life in this horrible incident.

13- Strikes by the lawyers of the courts. Common people suffered by much inconvenience waiting for judges and lawyers to entertain their cases.

14- Long rallies (extending even to 40 hours) by CJP and lawyers turning a sub judice issue to highly politicised campaign.

After few days of apparent silence, the restored CJP again started making personal bravado against President Musharraf, security agencies and intelligence agencies. A long list of suo moto actions were made every day to paralyse the functioning of executive, legislative and law enforcement agencies. Knowing that people and media of Pakistan were supporting the actions of CJP, he did every possible thing to embarrass the government. Suo-moto action against the traffic jam in Karachi is just an example of the attitude of a person who has nothing to care about the ills growing in own judicial system. He did nothing for making improvement in the courts. Cases still are going for 20, 20 years but he did not take any steps for betterment. Once, Geo TV’s famous show “Gumnaam” showed a spy camera video of the case of bribery by one judge, but CJP did not take any action against this judge. On the other hand, the channel was charged by the contempt of court and asked to make open apologies. CJP did not take any notice of any of the illegal activities of lawyers, like beating and attacking on Naeem Bokhari or spraying of acid on Ahmed Raza Qasuri’s face. He did nothing to stop the illegal activities of Qabza mafia or No. 2 drugs etc. He never took suo moto actions against those militants who were threatening the barber shops or Cds shops. He never did care of those extremists who were blasting girls’ schools. Not caring of his own rallies, which even extended over 40 hours, he however did take suo moto actions of traffic jams. Then, he started embarrassing the chiefs of intelligence agencies in courts. Once he said, “Not only you, I would even bring General [Musharraf] in my court.” He released first so called missing person after being reinstated, named Qari Abdul Basit, who was charged of the assassination attempt on General Musharraf. Supreme Court took suo moto action against Red Mosque operation. CJP in open and strong words spoke against President of this operation. Government, law enforcement forces and intelligence agencies were highly demoralised. Supreme Court started hearing the petition against the eligibility of President Musharraf to be a candidate for next term of President. Earlier, Supreme Court rejected the petition but later again started hearing the same like petition. Then, Supreme Court allowed President to be a candidate for Presidency, but bound the election commission not to announce the result. The sword of uncertainty remained hanging over the heads of the nation. After Presidential elections, Supreme Court tried to extend the decision by all possible excuses. It seems a mockery with the nation, that the hearing of petition against president’s eligibility was announced to be pending for even 10 days, just because one of the judges of the bench was going to attend the wedding of his daughter. Not only this, three times, CJP changed the compositions of bench listening the case of eligibility. It all was self evident that Supreme Court was simply planning not to allow President Musharraf to continue holding his office any more. Supreme Court was just delaying the decision against him till 15th November 2007, till the term of National assembly get completed and President Musharraf then had remained by no chance of making any amendment in constitution by the assembly. It all was nerve stressing and alarming for President. He had waited long for the full decision regarding the reinstatement of CJP to be announced by Supreme Court. Supreme Court was bound legally to release full decision in 90 days, but this period also passed without having the issuance of the full decision. Moreover, constitutionally Supreme Court was even not given by the mandate to entertain any petition against the President’s elections.

…………………………………………………………………………………………………

Article 41 (Clause 6)

The validity of election of the President shall not be called in question by or before any court or other authority.

…………………………………………………………………………………………………

Making the clear violation of constitution, Supreme Court was entertaining the petitions against President and was trying much to delay the decision till 15th November. Meanwhile, a bloody campaign of suicide attacks stimulated with so much acceleration in settled districts of Pakistan. Intelligence agencies and law enforcement forces were cornered by Supreme Court and all the fragments of the society. A form of civil war was going to develop in Pakistan. Government was in the state of semi paralysis. The general elections were near in few months. All the self exiled politicians were returning back to Pakistan with having strong lobbies behind in West. Under such state of affairs, ISI reported something very important and alarming. It was about the secret meeting of Aitzaz Ahsan with Mr. Khalil ur Rehman Ramday in the Geneva, Switzerland. This meeting was very meaningful in understanding what Supreme Court was planning to do with Musharraf. The case of eligibility of President was in court. Khalil Ramday was heading the bench. Aitzaz Ahsan was representing himself in court against the eligibility of Musharraf. It was legally very undesirable to set secret meetings between the judge and a lawyer. There were also various indications and reports about the foreign money involved to promote all that lawyers’ campaign. Reportedly this money was going to Aitzaz Ahsan through various channels, mostly including few NGOs and human rights’ activists. There were also the reports of Aitzaz’s undisclosed visits to India during all that campaign. Justice Rana Bhahwandas’ famous statement in very start of all that reference’s episode, “Soon, we would give good news to nation” was also something important to read between the lines.

All of a sudden, suspicions against the role of Pakistan in war against terror were being floated in international media. International community started speaking against Pakistan and starting asking for restoration of Democracy in Pakistan. To promote the dangerous agenda against Pakistan, ‘Newsweek’ magazine came out with a title story, “Most dangerous nation in the world is not Iraq or Afghanistan. It’s Pakistan”. Pakistan’s nuclear status was under a deadly threat. Ground field was well set to announce by world powers that Pakistan’s nuclear weapons are not safe and that terrorists could take control of them. Although IAEA had already announced that chapter of nuclear proliferation is closed for Pakistan, but Benazir Bhutto coined a strange statement that she could allow the access of international agencies to Dr. A.Q. Khan and that she could allow American forces to operate in Pakistan’s tribal areas. On one side, a well planned campaign was going on, and on the other hand Economy of Pakistan started suffering negative trends for the first time in last many years.

President Musharraf tolerated all that but finally when he found that things are slipping away from the hands of Pakistan, and that inaction at that time would lead to total chaos and destruction and the irrecoverable damage to Pakistan, he finally decided to impose the state of emergency on 3rd November 2007. Judges were offered to take oath under new PCO. Many judges accepted this offer and many refused. Those who refused, including Iftikhar Chaudhry, started a new version of Lawyers’ movement.

Let us see what constitution allowed President Musharraf at that time.

…………………………………………………………………………………………………

Article 232 (1)

If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency.

Article 270 AA (3)

All proclamations, President’s orders, Ordinances, Chief Executive’s orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws enforce immediately before the date on the date which this Article comes into force shall continue in force until altered, repealed or altered by the competent authority.

…………………………………………………………………………………………………

What more to be lost?

We must see what Pakistan has achieved so far and what has been lost after the campaign of lawyers. Unfortunately, it seems that we have lost everything, and achieved nothing. Pakistan’s Economy is out of business now. Pakistan is now on the list of most insecure countries. Pakistan’s institutions are breaking up. Rotten politicians are back on stage. Most corrupt and incompetent leadership is on the charge of government. Pakistan’s armed forces and intelligence services are maligned nationally and internationally. Pakistan’s nuclear status is at stake. What more wrong and what more horrible can be expected.

So far no movement or strong demonstration is made against the extremists and terrorists. Civil society and human rights activists are used to speak against them in very soft words, usually on TV screens, but not on roads. All the focus is to speak against former President, armed forces and intelligence services, which indirectly is meant to strengthen the anti-state elements. The duality of Pakistani media  is well exposed since 2007. First, it was said that General Musharraf is not going to remove his military uniform etc, but he appointed new army chief. Then, was said that he is not going to lift state of emergency, but he lifted it up. Then, was said that general elections would be rigged for favourable results, but the entire world observed that elections were the most free, fair and peaceful. Media broke much news that former President is going to fly away from Pakistan in 48 hours, but all was bogus. Then it was said that President is going to dissolve the assemblies, but even it did not happen. On the other hand, political parties are well naked as well. The same PPP, which supported Lawyers’ Movement with full energy, started speaking against this movement after being elected. Mr. Zardari signed thrice the agreements for restoration of judges, but then refused it. The time, when Lawyers’ Movement was having last breaths, the decision of Supreme Court regarding the disqualification of Sharif brothers, ignited it again. Things are crystal clear. Lawyers used the politicians and later PML-N used the lawyers for their vested interests.

All patriotic Pakistanis must open their eyes and must smell the conspiracy behind. CIA and RAW are fully active and involved behind all that mess. They had set well their assets in media to promote anarchy and disinformation in Pakistan. Media has done nothing in discouraging the extremism and terrorism. Media has promoted the international campaign more than them. The focus and concern is shifted from the issues of national interests. No one cares of the economic fall down. No one asked where the foreign reserve of 16.7 Billion dollars has gone down to 5 billion dollars in few months under democratic government. No one asks for the reason why we are forced to beg IMF. No one asks why Dr. Samar Mubarik had been forced to leave his seat. No one cares of the funds of Nuclear and missile research program being cut by more than 50 %. No one cares from where Baitullah Mehsud of Waziristan is getting satellite information and weapons and suicide jackets. No one is caring of the separatist organisations in Baluchistan. Media is not telling us that for 7 months, the funds of paramilitary and police of NWFP are stopped by the government and that Pakistan armed forces are supplying weapons to them. Media would never tell about the holiday being announced by Chief Minister Balochistan, Aslam Raeesani on 15th August 2008 to synchronise it with Indian Independence Day. Media is not focussing about the drones attacks on tribal areas. What media is speaking for is just about the lawyers’ movement. So that Pakistani nation never get able to think of any other issues, which are far important for the sovereignty of Pakistan.

It’s all a psychological war. Nation must open their eyes. We must not been misguided by the propagandas and perceptions. Our enemies have played a dangerous double game. We must not give them any impression that Pakistan is going through a situation of civil war and disintegration. We must not suffer paralysis through analysis. We must stand for Pakistan armed forces in such state of affairs. Pakistan is not ready for British form of democracy. Pakistan is more important than democracy or constitution. Human rights, civil liberties, democracy and constitution are just the part of nation. Nation is not the part of them. We must safeguard Pakistan. Pakistan comes first.

Mr. Iftikhar Chaudhry is back in his office as a chief justice. PML-N’s pressure tactics win. Army Chief again has shown patience and resolution to avoid playing any role in politics. But game is not ended. It’s just a start. Time not always remain the same. Future would decide about it and about the role of Mr. Iftikhar Chaudhry. There still are many constitutional and legal issues. What would be the fate of those judges who have taken fresh oath under PCO? Would he give the favour to those, who supported him or would he demonstrate the neutrality? Would he take the notice over NRO, when the case against it would re-start in Supreme Court? Would he take actions against those judges who took oath under PCO on 3rd November 2007? Would he like to reform the session courts, high courts and Supreme Court? Above all, would he like to proof that the findings in Presidential reference were not correct and that he is not guilty of anything wrong. What if the disqualification of Sharif brothers remain hold? Would PML-N again start the violent campaign? What about those countries and the guarantees, which made reconciliation just before sit in (Dharna), instead of possible Martial Law.

Let us end this article by the last words of letter of Naeem Bukhari to CJP:

“My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgment about you, being rendered in the present, is adverse in the extreme.”

(www.geocities.com/nayyarafaq)

Beginning of a New Era in Pakistan

 

Dr. V.P. Vaidik*

 

What happened in  Pakistan recently is beyond one’s imagination. Reinstating of Chief Justice Iftikar Choudhary and legal restoration of Sharif Brothers is no less than a political miracle. One can only imagine the repercussions, if Prime Minister Yusuf Raza Gilani would not have made the declaration of reinstating the judges. Many American political gurus and Pakistan-specialists were sharing their fear with me last week in Washington, DC about the possibility of either a military coup or the balkanization of Pakistan. The specter of Bangladesh had once again started haunting Pakistan. Many political movements have taken place earlier in Pakistan’s history but the present movement was really unique in the sense that many police and civil officials just ignored the Central Government’s orders. The Lahore police refused to put Nawaz and Shahbaz Sharif under house arrest. Police and Administrative officers preferred to resign rather than obey the government. Sharif brothers’ ‘long march’ actually turned out to be a ‘National Movement’. Not only Sharifs’ Muslim League but many famous leaders and workers from PPP, government officials, lawyers, retired army officers and ordinary people from all walks of life also joined the movement.

 

Surrounded from all sides Zardari looked much more vulnerable than Musharraf during his last days in office. 

Pakistani army and America also did not come to Zardari’s rescue. The third savior of Pakistan, the Allah, perhaps observed perfect neutrality. On the one hand, Hillary Clinton remained tough and, on the other, Gen. A.P. Kayani did some straight-talking with Prime Minister Y.R. Gilani, who was wise enough to move quickly. Gilani took charge of the sensitive situation and announced the reinstatment of the Judges. The fact that in this entire episode Gilani gained an upper hand over Zardari, has the potential of creating bad blood between both of them. This has inadvertently created a natural premise for downsizing the powers of the President of Pakistan. All political parties are ready to put an end to the 17th amendment of the constitution. In other words, one can look forward to a happy outcome to this political crisis.  Circumscribing the constitutional powers of the President and re-establishing those of the Prime Minister will definitely reenergize Pakistan’s democracy.

 

Had this tug-of-war not been resolved, the army would have been the real political beneficiary. The army would have risen several notches in public estimation and the democratic leaders would have once again proven to be a dismal failure. Although America is an ardent advocate of democracy in Pakistan, however, in the above scenario, America would have been forced to support the army. No country can afford to sacrifice its national interest for the sake of other country’s supposed democracy. The political quarrel between Muslim League and PPP would have jeopardized the American interests and the fight against terrorism would have been totally sidetracked. In the end, America’s straight talking augured well for Pakistan and resolved the dangerous crisis but in this entire affair, one major issue received very little attention, i.e., the issue of Pakistan’s sovereignty. India and China, in their own case, would have seen the same role played by America as an abject outside interference. They would have never allowed or tolerated it. Pakistan’s inability to perceive America’s role as ‘interference’ demonstrates the country’s lack of sense of sovereignty and   it’s puppet-like status. 

 

In the end, Chief Justice Iftikar Chaudhary and about other 60 judges will be reinstated. One can only hope that Choudhary holds his balance and does not start settling old scores. Choudhary has constitutional power to declare the last elections as ultra vires, which brought Zardari to power and he can also declare the political amnesty extended to Benazir Bhutto and Zardari during Musharrf’s regime as unlawful. This could be ominus for the future of democracy in Pakistan. Greater restraint and farsightedness is expected of Choudhary. As far as Sharif brothers are concerned, they will come out clean from Choudhary’s court and one can safely assume that Shahbaz Sharif will be the Chief Minister of Punjab once again. This is not enough. Much more is required of the democratic leaders of Pakistan. Muslim League and PPP have no option but to stop their political quarrels and join forces to set up a strong Coalition government in Punjab as well as at the Center. This is the only way they can keep the army on leash and fight terrorism at the same time. The unity of these two major political parties is a sure guarantee of good relation with India. The Coatition can successfully satisfy India on the question of Mumbai attack without the fear of loosing their popularity by getting into the futile rival posturing. Improved relations with India can also help Pakistan reduce its military expenditure. What Pakistan needs most toady is the early economic recovery. Nawaz Sharif has earned a great deal of political capital in this event and Prime Minister Gilani has displayed statesman-like acumen. If these two leaders desire, they can start a new era in Pakistan’s politics. There is no doubt that they will be arch rivals in the next elections but until then is it not possible that both work towards fulfilling the dream of  Quaid-e-Azam, M.A. Jinnah of a democratic and  prosperous Pakistan.

 

Dr. V.P. Vaidik, A-19 Press Enclave New Delhi 110 017, (Phone) (0091-11) 2686 7700, 2651 7295

Mob. : (0091)98-9171-1947, e-mail : dr.vaidik@gmail.com

 

 

What are Zardari’s & Nawaz Sharif’s Objectives

Three things drive Zardari.

 

One: Nawaz Sharif’s fixation on the deposed chief justice’s restoration. He fears that once restored, the CJ will rescind the National Reconciliation Ordinance 2007 that enabled all the cases against him and Ms. Bhutto to be withdrawn so that they could return to Pakistan. That this same chief justice placed an injunction or stay order on the NRO is still frighteningly fresh in his memory.

 

Two: he knows that without the Punjab his hold over Pakistan and thus over state power is tenuous. With the Punjab he is master of all he surveys.

 

Three: if the Punjab government is at odds with him – and it definitely will be if the Nawaz League’s government is restored – they will trash Zardari’s Islamabad government faster than you can say “Jeeyay Bhutto”.  

 

Zardari well remembers what Chief Minister Punjab Nawaz Sharif did to his wife’s first government. He cannot trust Sharif even indirectly in charge of the Punjab now after having fooled him thrice and sacked his brother’s provincial government.

 

Sharif, still smarting under the humiliation that Zardari took him for a ride thrice cannot afford a fourth ride in the name of reconciliation without being declared certifiably stupid.

 

He has six objectives. One: having been disqualified by the Supreme Court from contesting elections or holding any public office ever again, he is fighting for his and his brother’s political survival.

 

Two: restoration of his party’s government in the Punjab.

 

Three: restoration of the deposed chief justice so that he can rescind the NRO and ‘get’ Zardari. The People’s Party will then be Bhutto-less, leaderless. Sharif will have no credible rival and could force another election that he thinks he will win big, perhaps with a two-thirds majority. He can then constitutionally manipulate and mutilate the constitution as he wills regardless of its spirit and intent, as he did during his second term.

 

Four: parliament or even the Supreme Court will remove the two-term bar on his becoming prime minister again.

 

Five: then ‘get’ Musharraf too and quench his thirst for revenge.

 

Six: complete his unfinished agenda of imposing his version of Shariat on Pakistan. Going by his record, independence of the judiciary is nowhere on his radar screen. Sharif too doesn’t trust Gilani anymore. For all he knows, they might be playing good cop-bad cop behind the smokescreen of the seeming ‘rift’ between the president and the prime minister.

 

The deposed chief justice, perhaps after revenge too, has not had the moral courage to answer the charges against him, having been saved by a Supreme Court judgment that has still not been written. Why? Because in throwing out the reference against the CJ without letting it be heard by the Supreme Judicial Council as required by the constitution, to save their chief from what would have been a highly embarrassing inquiry they might have violated the constitution. How can they now write their judgment without finding a credible justification for violating the constitution?

 

So what will happen now?

 

Who knows? They will try more unnatural things in hysteria to diffuse the immediate crisis and avert a possible bloodbath today and tomorrow. They toyed with a possible PPP-PMLQ marriage but that has probably floundered on the rocks for being even more unnatural. The rumor rife is: lift governor’s rule; the Punjab assembly that meets tomorrow elects another leader who will become chief minister and form another Nawaz League-led government; restore the CJ through presidential ordinance, limiting his term and powers so that he cannot touch the NRO and the constitution. What credibility will a highly politicized judge have? How will the current judges react? They might decide to break the Supreme Court in two, one constitutional and the other the rest of it. We already have numerous legal systems in the land, why not two Supreme Courts? That will weaken the institution further. Why not two parliaments then, one law making and the other as check and balance? How is that any different from the late Mr. Bhutto’s suggestion of two constitutions and two prime ministers? Divide the spoils, eh? What they will be dividing will be a carcass. The next crisis will make this one look like a picnic and will be upon us soon.

 

They have all gone too far to be seen to compromise without going into oblivion. Sharif is hardened now, having spent time in Attock Fort and in exile. Zardari has been to hell and back. They are no longer mollycoddled softies who can be frightened into automatically bending to the will of the jackboot. Zardari could refuse the army chief. Then what? The chief can hardly mount a coup because his ultimate superior and appointing and dismissing authority didn’t listen to him.

 

An act of parliament should be passed that no judge who has ever taken oath under any Provisional Constitution Order should ever be appointed judge again – exactly what the Charter of Democracy requires. A mechanism should be incorporated in the same Act that prevents governments from stuffing courts with stooge and corrupt Judges. This will ensure genuine independence of the judiciary and every solution will flow from that.

 

I knew that elections under this imported British system would lead to this mess. Those who couldn’t see it coming have to be mentally enslaved and intellectually challenged fools who don’t know their country, understand its leaders and the essence of democracy.

 

CJ Ifthikar Chaudhry Cooperated with Musharraf

The whole Pakistani nation is jubilant over the announcement by the Prime Minister of the reinstatement of the judges. But our memories are short. Let us look at the following facts:

In January 2000, Justice Iftikhar Chaudhry, then a serving judge on the Balochistan High Court (BHC), was one of the first judges to take the oath on the PCO. This allowed him to be elevated to the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest at taking this oath.

On May 13, 2000, Justice Iftikhar Chaudhry was one of the 12 Supreme Court judges who validated the military coup of Gen Pervez Musharraf. They ruled that the removal of the elected government of Nawaz Sharif was legal on the basis of the ‘doctrine of necessity’.

In June 2001, Justice Iftikhar Chaudhry was one of two judges who visited the President House to convince the then President Rafiq Tarrar to resign, and make way for Gen Pervez Musharraf to assume that office.

On April 13, 2005 in the ‘Judgment on 17th Amendment and President’s Uniform Case’, Justice Iftikhar Chaudhry was one of five Supreme Court judges who dismissed all petitions challenging President Musharraf’s consistitutional amendments.

In a wide ranging judgment they declared that the Legal Framework Order (LFO) instituted by Gen Musharraf after his suspension of the Constitution, the 17th Amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal.