Justice For Our Justice
The whole of Pakistan, a nation known for its violent differences, came together to push for a single lesson.
In mid-June, a young Pakistani student was called on to accept an achievement award by Anne Patterson, the U.S. ambassador in Islamabad. When Samad Khurram strode onto the stage, however, he announced to Pakistan's gathered elite that he could not, in good conscience, accept an award from a government that's remained silent in the face of President Pervez Musharraf's suppression of Pakistan's judiciary. Bowing his head slightly, Khurram then walked off the dais and sat down.
The young man is no radical. Khurram is a polite Harvard undergraduate who looks up to Martin Luther King Jr., not Mullah Omar. He professes a deep fondness for America: not the imperial power that backs Third World dictators, but the nation of laws that he's discovered during his stay in Cambridge, Massachusetts. Khurram's fault, if any, is that he desires the same for Pakistan—a dangerous position to take in his troubled homeland.
Yet his stand is becoming increasingly common. Days before his recent show of bravery, I joined him and a few hundred thousand believers in Pakistan's Constitution outside Parliament in Islamabad. We had gathered for an act of collective and nonviolent defiance perhaps unrivaled in Pakistan's checkered history.
The crowd, which had been invited to assemble by Pakistan's Lawyers' Movement (which I lead), included young girls in jeans and T-shirts, elderly women in veils, students, housewives with their husbands and elderly pensioners with their grandchildren. All had converged on the country's capital to push a seemingly esoteric issue but a critical cause: the restoration of Pakistan's Supreme Court judges.
Those jurists had been ousted by Musharraf on November 3, 2007, after the president, fearing that they'd rule against him on a challenge to his right to run for re-election while in uniform, had declared de facto martial law and thrown the judges out of office.
Pakistan's lawyers quickly took to the streets in protest, but were bludgeoned and bloodied; thousands were detained. I myself was kept first in solitary confinement and then under house arrest for nearly four months. My wife was forced to go into hiding. The chief justice, Iftikhar Chaudhry, and the other independent judges were detained, along with their children.
Thinking he'd strengthened his hand, Musharraf then held general elections—which his party lost. A new coalition government was formed, which promised to swiftly reinstate the judges.
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Member Comments
Posted By: mohd sheikh @ 06/22/2008 2:49:22 PM
Comment: Barrister Aitizaz Ahsan is our Pakistan Bar Association President. He has since, March 2007, been sincerely campaigning for the restoration of the rule of law and independence of judiciary and restoration of 60 deposed justices.
Leadership of Pakistan Peoples Party and Muslim League ???N were out of country. They came back to Pakistan through National Reconciliation Ordinance (NRO). Asif Ali Zardari widower of Benazir Bhutto was facing corruption and other criminal cases while Nawaz Sharief had been exiled by General Mhsharraf. Chief Justice of Pakistan had started delivering justice independently. His Banker Prime Minister Shoukat Aziz has been selling assets of Pakistan to his favourits buyers at through away prices and he was doing all sorts of financial corruption with the support of General Musharraf. Now he has virtually run away from the country. Security Agencies of General Musharraf had been making people of Pakistan untraceable and most of them were handed over to United States on payment of money without due process of law of extradition.
Chief Justice of Pakistan Iftkhar Mohammad Choudhry had started entertaining petitions of untraceable persons families. General Musharraf and Prime Minister Shoukat Aziz when got him sacked as Chief Justice unlawfully Aitizaz Ahsan fought his case. Though the Chief Justice was restored by the Supreme Court decision but few months after the Chief Justice and 60 other justice were dismissed because they had refused to accept Musharraf dictates against the Constitution of Pakistan.
Mr Zardari, against whom cases were terminated because of (NRO), is now leader of the majority party in the government. He does not want independent judges. Zardari like any other dictator needs tamed judiciary. Bush administration also does not want independent judiciary in Pakistan because independent Judges will be asking for production of the untraceable citizens, clandestinely handed over by Musharraf.
If the independent Judges are restored Musharraf is very likely to be tried for various crimes including mutiny breaking of the Constitution of Pakistan.
Present US Government is strongly backing General Musharraf. The NRO was enacted by General Musharraf under the dictates of Bush administration. Now Zardari intends to pay back his favour to General Musharraf by not restoring the independent judges who could be problem for Musharraf and American administration.
Zardari does not like Aitizaz Ahsan though he is member of Pakistan Peoples Party and he was Interior Minister in Benazir???s last Government. Our present leadership and specifically the role of Barrister Aitizaz for independence of judiciary will be remembered for ever in Pakistan.
M. Saleem Sheikh, Advocate Supreme Court of Pakistan
Islamabad - Rawalpindi
Posted By: atiqc @ 06/22/2008 2:21:34 PM
Comment: Civilized nations stand today on bodies of people who had been daring and always stood firm to make their point against the dictators. Although, they were perished but are remembered as national heros in the history of any nation. Dictators like Hitlar are hated not only in their on country but all over the world.
Political and civil society movements change the course of a nation. The Long March of Lawyers and civil society of Pakistan might be perceived as a failure by few short sighted fellows but it would have very deep rooted impact on the future of Pakistan.
Lawyers movement has already brought a change in the perception of a common man. An example of that is quoted by Mr. Aitzaz in his article. Mr. Khurram is a gem of a boy and God knows how many gems like him have already been educated and awakened by this movement.
This movement has already touched hearts and souls of millions of Pakistanis and they stand united behind the CJ and all other deposed Judges. Although, Pakistani rulers are using delay tactics but they are neglecting that people are watching all their actions and they would pay the price if not today then tomorrow.
We are quick to comment on persons and start doubting their motives and forget the long term achievements and benefits the nations is going to have. Lets stand behind the cause not individuals.
Dictators like Musharaf are supported by non other than American regime which proclaims that they are biggest supports of democracy. Their claim probably ends outside the territory of the United States. Musharaf, the dictator, is key ally of America. These movements would impose pressure on America to stop support of such dictators and tell America that Pakistan needs real democracy not a dictatorial democracy.
Posted By: Houlbelat @ 06/22/2008 9:44:59 AM
Comment: Judiciary by definition is required to have no room for sentiments, should be blind to anything against principles of humanity, should have no ears for listening anything out of context or speak its mind on any issue having remotest possibility of being referred to as precedence or quoted to prejudice its normal course of proceedings. Can we expect the embroiled Chief Judge to have no sentiments, no eyes and be deaf and dumb?
Another point is about the competence of Pakistani legislators. Can those semi-illiterate legislators make laws capable of solving highly intricate legal riddles by decoding and simplyfying legal jargon's devised and propagated by the evil genius minds for negative reasons? Can the empty seats in the legislative assemblies of elected representatives entrusted the task of setting the course and sailing the ship of Pakistan's destiny, lead it out of turmoiling rough seas ? Is it not a design of those, who do not want capable and intelligent minds deliberate and legislate on issues for welfare of the nation, always holding the forts? Is it not the greatest conspiracy against a common man, to manipulate return of nodding dumb heads in the legislative assemblies to make laws and regulations for enrichment of a few selfish at the expense of milling millions? And most importantly, is it possible to have a genuinely humane legislative assembly and independent, unbiased judiciary in Pakistan under current street agitating brand of holligan lawyers, which should have no consideration other than pure merit to make, decide and execute laws, without fear or favour.
Presently, those who are fighting to resist reinstatement of genuine judiciary and installation of a rubber-stamp legislators, obviously have their selfish agenda. Otherwise, who on earth would resist knowledgeable and dynamic lawmakers and maintain stagnation against development?