On Friday after a long delay of more than 4 hours SC of Pakistan gave a remarkable judgement of declaring the 3rd November 2007 as unconstitutional,illegal and extra judicial.
The 14 member bench headed by Chief Justice of Pakistan Iftikhar Ahmed Chaudhary who was restored by the government on 16 March 2009 after immense pressure from a long march by lawyers,civil society and politicians on Friday also rejected the unconstitutional amendments made by former dictator Musharraf during the time of emergency (between 3rd November 2007 and 15 December 2007).
SC sent the cases of those judges who violated the judgement of 7 member bench which declared 3rd November 2007 actions as unconstitutional and ordered the judiciary not to take oath under the PCO of dictator to Supreme judicial council.
Also the Supreme Court declared:
1) The sacking of judges by Musharraf on 3rd November as unconstitutional.
2) The removal of judges appointed during the PCO period and the Dogar period.
3) The tenure of Abdul Hameed Dogar (The PCO CJ appointed by Musharraf) as unconstitutional.
4) The increase in number of SC judges to 29 through finance bill by current parliament as unconstitutional.
5) The Islamabad High Court as unconstitutional and now after this decision all the judges of Islamabad HC are dismissed from their service.
6) The Ordinances issued by the dictator are referred to the parliament for review.
However in the decision SC did not change the status of :
1) The presidential oath taken by Dogar from Zardari.
2) The financial and administrative decisions taken by Dogar.
3) The cases related to day to day personal issues settled by the courts during that time.
One thing which didn’t go in favor of the government apart from the removal of jiala judges is the change in status of NRO which was approved by the Dogar court is now a thing to be decided means people including or specially Zardari are now not indemnified from the cases of corruption.
The court has indeed played their part expected from them (people also expect more good news from them) and now the ball is in the court of the national parliament to show what they are capable of doing.
During the early period of Islam a woman of the Makhzoom family with good connections was found guilty of theft. For the prestige of the Quraish, some prominent people including Asama Bin Zaid interceded to save her from punishment. The Prophet refused to condone the crime and expressed displeasure saying, “Many a community ruined itself in the past as they only punished the poor and ignored the offences of the exalted. By Allah, if Muhammad’s (my) daughter Fatima would have committed theft, her hand would have been severed.
The Qur’an says: “We sent aforetime our messengers with clear Signs and sent down with them the Book and the Balance, that men may stand forth in Justice.” (Al-Hadeed 57:25). It is not only for the holy messengers of God, but this commandment has been for the people in general too. Qur’an commands: “O ye who believe! Stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear Allah. For Allah is well-acquainted with all that ye do.” (Al-Maidah 5:8).
As I am writing this hundreds of people are being killed, wounded, hunted, tormented, ill-treated, delivered up to the most intolerable and hopeless anxiety and destroyed morally and mentally, and there is nothing in sight at present to arrest this spreading process and prevent it from reaching us. It is spreading fast! It is time for the Pakistanis in general and youth especially to act and try to be part of the struggle initiated by honorable Chief Justice of Paksitan Iftikhar Muhammad chaudhary for independent judicial system in Pakistan. One “NO” on march 09, 2007 started an unprecedented process of social transformation at a massive level in Pakistan.
As the result of that process nation got rid from a military dictator and a new government established in Pakistan on the promise of undoing the wrongs done by the military regime. The new government led by Mr. Asif Ali zardari broke all promises and the leader of lawyer community Mr. Ali ahmed kurd has to call for another long march on March 09, 2009.
Together, we the people of Pakistan has successfully outset many military and cicivilain dictators before and this time again if united for a “Just” paksitan we can write a new history. Let us make a resulotion that we will not sit in rest till we got things in order in our country. Let us make this country of Peace, love, harmony and beauty. Let us start this with the first step of independent Judiciary.
Let me assure you if we run away from the disorder prevailing in our country now, it will follow and get us. We have to face it. We have to solve it, or be destroyed by it. It is as urgent and comprehensive as that.
I invite you all to be a part of this long march with your maximum energies and support. I have developed this web site for you all to provide a platform to discuss and share ideas for a better understanding to make this “LONG MATRCH” a “FINAL MARCH”
Yours in struggle for a Just Pakistan
Muhammad Asif Riaz
for further details plz visit http://9march.search.org.pk
Ali Ahmed Kurd, an active and one of the most enthusiastic leader of the lawyers and civil society movement for the restoration and indepemdence of judiciary in Pakistan has won the SCBA elections despite the government’s interference and rigging.
Ali Ahmed Kurd’s election as president and the defeat of PPP candidate is taken as a victory of CJP Iftikhar’s Camp over the camp of Zardari/Mush supporters.
Congratulations to Kurd and the supporters of the movement.
Keep up the good work.
|Kurd elected as SCBA President (APP)|
ISLAMABAD, Oct 28 (APP): Ali Ahmed Kurd on Tuesday won election for the seat of President of the Supreme Court Bar Association (SCBA) held simultaneously in the four provincial capitals, besides Islamabad, Multan, Bahawalpur and Abbottabad.
According to unofficial results, Ali Ahmed Kurd secured 930 votes from Lahore, Peshawar, Islamabad, Karachi and Quetta while his rival M. Zafar got 419 votes.
Kurd secured 542 votes from Lahore, 62 from Peshawar, 144 from Islamabad, 138 from Karachi and 44 from Quetta. M. Zafar got 220, 37, 69, 75 and 18 votes from Lahore, Peshawar, Islambad, Karachi and Quetta respectively.
Results from Multan, Bahawalpur and Abbottabad are yet to be announced. A total of 1,724 registered members of Supreme Court Bar Association (SCBA) were to elect new office bearers of the lawyers’ body.
The nation has been fighting for more than a year for the noble cause of restoration of judiciary, for the cause of justice and rule of law.
The movement which started with a ‘NO’ to the dictator by the honorable CJ of Pakistan Iftikhar Chaudhary has now seems to be in the crucial stages and I also hope that it’s in the final stages to the path of success.
Though the nation was fighting for the cause, giving lives and facing the brutality of government institutions some of our ‘leaders’ were busy in making deals outside the country, making decisions regarding the future of our country, taking dictations from imperialist powers on how to run the country and who should run the affairs of the state.
The movement would have achieved its goal immediately after the 18 Feb elections but it didn’t because the lust of power and greed of our elected representatives who on the foreign dictation are delaying the issue, it seems they don’t care what the people of Pakistan want, what is the need of time for the nation, where we have to take our future as a nation, what are our national objectives, how to safeguard the national integrity and honor, how to improve the lives of our people, how to get rid of the dictatorship and above all how to give confidence to the nation by respecting there mandate to restore the independent judiciary of 2nd November 2007 BUT they are busy in getting assurances from the Americans for the protection of their status as ‘rulers of Pakistan’(or in-fact loyal servants of the USA).
When ever there is a chance of restoration of judiciary we see Americans arriving in Islamabad to meet our so called democratic leadership and then we see hypocritical statements by Mr. Zardari
such as:”We want to change the system it’s not just about the restoration of few judges” or ”Murree declaration was just a political statement “…
Now he has said,”We are ready to face the lawyers’ movement”.
The reason why our American ‘masters’ don’t want their slaves to have an independent judiciary is that they want to protect their best asset in the country (the dictator who served them more than he served his nation) and cannot afford to lose him before 2008 presidential elections in USA because if CJP Iftikhar gets restored then it means a farewell to Musharraf and his anti-Pakistan policies and it will be serious set back for the Republican party in the elections who are banking on Musharraf to give them a breakthrough in our mountains and so they again will be able to use the same old fake war against terrorism in their elections.
Americans are very clever they always have a backup plan and that plan is now evident in the shape of PPP lead by Zardari and well assisted by people like Rehman Malik,Hussain Haqqani and the same old Mehmood Ali Durrani (former Pakistani ambassador and currently working as national security advisor to the PM) under the influence of NRO and under the umbrella of Dogar Lead judiciary .
Now we have to be really alert in this situation we not only have to protect our judiciary but also to safeguard our freedom, we have to cry out loud that we reject any foreign interference in our national affairs, we don’t accept any involvement of USA in our judicial issue, we are a nuclear power and a free country we know how to take it on the path of success.
I appeal to the whole nation to think as sincere Pakistanis and join the long from Multan to Islamabad for the cause of Justice and Freedom.
LONG LIVE PAKISTAN!
GO MUSHARRAF GO!
In All Pakistan lawyers convention, Pakistan bar council (PBC) has announced the date of long March for the restoration of judiciary .
The date decided with the mutual consensus is 10 th of June 2008 and according to SCBA president Aitzaz Ahsan the Chief Guest for the March will be the honorable genuine CJP Iftikhar Muhammad Chaudhary.
Lawyers have formed a committee to decide the future coarse of the movement.
APDM to Meet on 18 May
APDM will hold a meeting on 18 May in Islamabad to decide the future line of action for the movement to restore judiciary in Pakistan.
according to a report by The News:
“Experts from all segments of the society would be invited to the conference. They would take into account the current situation and express their views to chalk out the future line of action,” sources in APDM told The News here on Friday.
The sources further said the committee, which included Liaquat Baloch, Akram Shah,
Dr Hameed Memon and Sardar Zaheer, would hold a session to decide a date for the conference, prepare the draft of invitation and alsofinalise the names of those
who were to be invited to the forum.
crisis and (b) removing the midnight appointees of General Musharraf through an executive order would be wrong, just like removing the constitutional judges
was wrong, and that two wrongs don’t make a right. The arguments don’t really wash. It has been asserted in this space before that if a stay order issued
by the existing court is a real deterrent, then this entire debate is redundant. For the Dogar Court has already validated all the Nov 3 actions of the
general, including that of dismissing judges. Second, the rationale for restoring the Nov 2 judges is that the tenure of constitutionally appointed judges
is protected and they can only be removed pursuant to Article 209 proceedings, on the advice of the Supreme Judicial Council.
still judges and can be allowed to resume duty with an executive order acknowledging the same. The Article 209 protection doesn’t apply to the general’s
post-Nov 3 appointees, because they are not constitutionally appointed judges. The PPP, under the leadership of Mr Zardari, has refused to abide by this
majority opinion of the legal fraternity. Is it a coincident that the PPP has chosen to follow a minority and largely discredited legal opinion on the
proper mode of restoring judges pandered by the likes of Sharifuddin Pirzada and Hafiz Pirzada who are responsible in large part for our convoluted constitutional
jurisprudence? According to this opinion the general’s unconstitutional actions cannot be undone without a constitutional amendment or else we will set
a legal precedent that will have horrendous consequences for the nation.
constitution by a dictator by use of force will automatically attract the protection of the constitution, and can only be undone by meeting the high threshold
set to amend the constitution. The idea that if judges are restored through an executive order, the executive will in future be able to do all sorts of
crazy things through executive orders is simply preposterous. The executive order will simply be reiterating the twin constitutional principles that that
under no circumstance can (i) the constitution be amended without a two-thirds parliamentary majority required by Article 239 of the constitution, and
(ii) constitutionally-appointed judges be removed without following the process mandated by Article 209.
almost all former chief justices, the PPP is still genuinely confused about the legal issues underlying this debate. Why then is this popular national
party jeopardizing its mandate by flip-flopping on the judges’ issue? A few explanations come to mind.
to the lawyers’ movement and wanted some respite. It is possible that some explicit promises with regard to the PPP supporting the general against Chief
Justice Iftikhar Chaudhary were made part of this deal. As this deal was brokered by the general’s western allies and supported by the UAE rulers — and
Mr Zardari duly credited the US for getting the general to shun his uniform on BB’s insistence — PPP’s current leadership might be convinced that reneging
on a promise made to the US and PPP’s other foreign sponsors will carry more political cost than backtracking on a popular domestic issue and breaking
a promise made to the people of Pakistan.
part of the establishment, and the PML-N and its successor political forces comprised the establishment’s B-team. And the PPP might have a point when it
complains that the judiciary has in the past applied the constitution more enthusiastically when the outcome favoured the PML-N as opposed to the PPP.
After March 9, 2007, however, the judiciary reluctantly decided to confront the egregiousness of the establishment and their divorce was finalized on Nov
3, 2007. Simultaneously, having learnt lessons from its time in exile and from suffering persecution at the hands of the Musharraf regime since Oct 12,
1999, the PML-N has also emerged as an anti-establishment party for the first time since its inception.
committed to the status-quo, and (ii) co-opting a ‘reconciliation-seeking’ PPP that can function as the political ally of the establishment and will be
allowed to rule in return within the four corners of policy areas delegated to political governments during democratic times. This is certainly not another
grand conspiracy theory. We can replace the word ‘establishment’ with the term ‘status-quo forces’. The point being made is that the polity is undergoing
a structural transformation and the traditional actors that functioned as agents of status quo have opted to become forces of change.
political party of the country — to fill the pro-status quo slots that have opened up due to the coup of the judiciary and the PML-N, in return for being
treated as the favoured political entity by the establishment and overtly supported by the Dogar Court. The fact that the current PPP leadership is dominated
by individuals who have no popular roots in the masses and don’t seem beholden to Bhuttoism or the ideology of ‘roti, kapra aur makan’ — which by definition
is pro-people and anti-establishment — exacerbates the danger of the PPP chewing on this bate. Would it not be a grave tragedy if the predominant lessons
that the PPP has learnt in its 40-year existence turns out to be that (i) the desires of the US administration must trump wishes of Pakistani people when
the two are in conflict, and (ii) not getting on the wrong side of the establishment even at the cost of compromising principles makes for better politics?
we as a nation will side with rule of law or politics of expediency. The return of judges will not function as elixir for all the maladies afflicting Pakistan.
But if we squander this opportunity it will take at least a decade to raise another breed of judges who might muster the courage to stand and fight to
liberate the judiciary from the crutches of the establishment.
time in our history when the military needs to demonstrate its neutrality toward politics due to political compulsions and to protect its own institutional
interests. If our political elites fail to regain some of the lost ground in these circumstances, we might have to suffer another reckless dictator to
create overwhelming public support for such change.
For too long have we given too much credit (or discredit) to the ‘forces that be’ for controlling our fate. But returning our judges against the wishes
of the establishment and its foreign patrons, we could prove to ourselves that we are not puppets but a sovereign people who have control over our present
and our future.
standing of the actors involved. The lawyers’ movement has been advocating that the promise and practice of law must be brought into closer alignment and
this modest goal resonates will many around the country. The judges should be restored and can be restored but not without a forceful street movement that
forces our ruling political elite to acknowledge that people are not willing to allow the country to recede into another round of musical chairs between
conviction-less politicians and generals.
halt. It is time to move from the go-slow phase to the pens-down phase at this decisive stage of this historic movement. Without this and a forceful street
movement the deposed judges might be history.
reporters following a comprehensive discussion regarding rising inflation, rule of law and political instability in the country.
Achakzai told reporters that the alliance had agreed to form a committee to work out a procedure by which apex and high court judges who were deposed by President Musharraf on November 3, 2007, might be reinstated. He argued that since Musharraf had openly admitted that his actions had been extra-constitutional there could be no legal justification for stalling the restoration any further.
Imran Khan continued by saying that the delay was nothing more than an attempt to protect the National Reconciliation Ordinance (NRO) from being struck down, thus resurrecting criminal cases against government leaders such as Asif Zardari.
The APDM decided to address the ‘judges’ issue following the resignation of the Pakistan Muslim League-N (PML-N), a member of the ruling coalition, from the cabinet. PML-N leader Nawaz Sharif chose to take the drastic step after failing to secure a solution to the problem during negotiations with the Pakistan Peoples Party (PPP) who hold a majority of seats in the National Assembly. The resignation of key figures such as Minister of Finance Ishaq Dar has created problems for the new government, which is still struggling to cement its position and quell public concern over food inflation and the deteriorating law and order situation.