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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: nadiakhaan
Full Name: Nadia Khan
User since: 10/Jan/2009
No Of voices: 71
 
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Judiciary Restoration - last chance for President Zardari

By Nadia Khan

 

Since taking the President office by Asif Zardari, PPP and its stalwarts have taken a U-turn over independent judiciary, a slogan coined by its late co chair person Benazir Bhutto after signing Charter of Democracy with Mian Nawaz Sharif. She has further strengthen this slogan by saying that "Ifthikhar Chaudhry is our Chief Justice" standing outside his home, where CJ was confined after the actions of 3rd Nov 2007 when Pervaiz Musharraf has sacked the constitutionally sworn-in Supreme Court to overcome his personal problem of running the presidential election under Army chiefs' uniform. He was "“illegally- successful and won presidential elections but within a short span of 7 months, circumstances have forced him to resign failing to complete his 5 years term which had won with "illegal" efforts!!!

 

There are many reasons citied by PPP & its leadership against deposed Chief Justice Ifthikhar Chaudhry such as:

 

  1. He became politicized by attending lawyers conventions or functions
  2. He is the one who validated Pervaiz Musharraf's initial took over in 1999 & 2001
  3. He is the one who took oath as a  PCO judge by Pervaiz Musharraf
  4. How it is possible to have two chief justices, and there is no way in our constitution to move out a sitting Chief Justice; Hameed Dogar?
  5. Due to PML (N) politics, deposed Chief Justice could form a "Justice Party"
  6. What's a big deal "“ if Farah Dogar father had favoured her then Ifthikhar Chaudhry had done same for his son Dr Arsalan!

 

In other words, PPP current view is that, "Chief Justice Ifthikhar Chaudhry should have accepted Pervaiz Musharraf's order and should have tendered his resignation according to the wishes of Musharraf." Or in present day scenario, "if present Army Chief Ashfaq Kiyani sacks Hammed Dogar by imposing emergency "“ say for a day only- and depute a new Chief Justice, it would be acceptable for PPP leadership. Isn't it??"

 

Regarding corruption charges raised by PPP stalwarts and their like minded anchors such as Mr Lucman in his "˜Lucman Show' on TVONE network, now using abusive language against deposed CJ Ifthikhar Chaudhry as he had made all illegal means and ways to depute his son in govt service and so on. For them, it is only said that "when full bench under Justice Khalil Ramday upheld the charges against Ifthikhar Chaudhry & restored him in Mar 2007, the full bench also fined Musharraf govt Rs.100,000/- for levelling baseless charges against him citied under the govt-provided dossier."

 

In spite of disregarding his own signed accords thrice, as Long March - 16th March 2009 is coming closer, it looks like that, President Zardari has his last chance to listen to his Premier Gilani, and restore the 2nd November 2007 judiciary under Chief Justice Ifthikhar Chaudhry and avoid listening to legal-catastrophe of Farooq Naiek. On 21st March 2009 when de facto Chief Justice Abdul Hameed Dogar retires there will not be "two chief justices" issue and President Zardari could restore deposed CJ Ifthikhar Chaudhry. 


 Reply:   Nawazish Ali
Replied by(Nawazish) Replied on (28/Feb/2009)

Nadia Khan is not right when she rejects arguments given by PPP against Justice Iftikhar Chowdhary. Arguments of PPP are neither flawed nor they lack wide acceptability. Lets accept the fact that by making Iftikhar Choudhry as one great hero of their movement lawyers have committed a grave mistake. Lawyers are fools if they do not understand that PPP's agenda of joining lawyers movement was to use the movement to weaken Musharraf and get into power and not for any judicial independence. After using them well Zardari has now thrown lawyers movement to one side. Luckily the movement got impetus by unconstitutional actions of 3 November 2007 by Musharraf. The movement is likely to fizzle out if lawyers stick to their stupidities. They have to clearly redefine their objectives, which primarily boils down to judicial independence from governmental and political influence. This objective can not be achieved by replacing 2007 vintage PCO judges with other types of PCO judges, but by true judicial independence from the executive and political influence. This objective is the essence of democracy and attracts every justice loving citizen of this country. To achieve this objective judges have also to be pushed out of the influence of their community i.e. lawyers and lawyers have to be pushed out of the subordination of judges. The judges should not be appointed by politicians in or out of power, but by the people of this country through a high powered judicial commission membered by apolitical notables of high integrity comprising lawyers as well as non lawyers elected by the people including lawyers. Judges and lawyers should also be held accountable directly to the people for their bad conduct through this commission and not the President or any parliamentary commission. This commission has already been introduced in Britain and is a good model to follow. Judicial commission recommended in the charter of democracy is not acceptable for the simple reason that politicians through COD have tried to retain the power of appointing judges to themselves and have not this power to the people of Pakistan whose right it is. People of Pakistan can only get truely fair and expeditious justice if peoples judiciary through the peoples commission is introduced in Pakistan. This will also avoid any future collision of judiciary with the parliament or executive. But it will be the duty of legal fraternity and civil society to jeolously and jointly guard the integrity and role of such judicial commission from adventurism of any civil or military dictator greedy of absolute power which corrupts them absolutely. Until such a commission is not introduced through constitutional amendments, people of Pakistan shall never get justice and hence keep fighting for it. Lawyers have to refocus themselves correctly towards justice for the peoples and not simply hand picking of judges by politicians or by the lawyers community for their own convenience or to advance their own selfish and short sighted agendas.
 
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