Kamis, 10 November 2011

The Development of Judicial Crisis in Pakistan

I. Preface and Short Flash Back
The statement of judicial crisis in Pakistan was began since two years ago, when Iftikhar Mohammad Choudry as the chief of justice was made disfunctional by the President Pervez Musharraf. It was happened in may 9,2007 the decision made by president which was arranged in his army house presented by all Supreme judicial council and Prime Minister Shaukat Aziz. The session was led by senior judge, Rana Baghwandas, act Chief justice.. He was suspected in using his authority wrongly or in other word, misconduct and misuse authority. But actually, The act of summoning the CJ in the army house itself has been considered as an unwelcome and unceremonious step according to number of  people an rule of law.
            The investigation which spent about 5 hours decided any result , told that Chief Of Justice Iftikhar Mohammad Chaudry is dismissed by the President since may 9, 2007 with the reason mentioned before. The move to make Justice Iftikhar Chaudhry ‘non functional’ was immediately followed by another decision by the president to send a reference under Article 209 of the Constitution to the Supreme Judicial Council to investigate allegations of misconduct against him. Chief of justice accordance to that reference has a right for defence him self. He owns a legal rights and social status to prove that he was not guilty, and it could be a breeding for him. If  accusation against him was no prove he can restored, but if there were evidence ,then Supreme Judicial Council can dismiss him immediately. But, in the same time General Musharraf appointed the third most senior judge, Justice Javed Iqbal, as the acting Chief Justice because the second most senior judge, Justice Rana Bhagwandas, is reportedly out of the country. This appointment made a controversial because different groups of legal fraternity have contested it as unconstitutional. However, the new temporarily Chief  Justice choosed until elected the permanent CJ. Iftikhar has been played as the CJ since june 30, 2005 and actually he would be retired till 2013. The act of dismission of CJ by force was effected to the crisis of judiciary in Pakistan and it was implicated to social political life also.

            There were other reason of dismission of his occupation and duty, told there that Iftikhar doesn’t have any capability to hold his duty as chief of justice. Other reason was, his misconduct authority which he used to protect his son’s case, Dr.Arsalan Iftikhar who was working in health departement but moved to be police sheltered by interior department. He was reputed to hit the regulation of official, where mentioned that to be the official must everyone passes english test. According to his result test that held by Central Superior Services, Arsalan only could pass 16 out of 100 questions.

            While the time of his occupation, Iftikhar made some important decission which was  suffer a loss to the government. One of that was about privatitation of Pakistan stell Mills in the middle 2006. It requested government to stop the proccess of  area sales of  Pakistan Stell Mills, because  it considered as the causes of  state’s unprofit untill Rs.33 Billion. CJ also requested CDA to cancel teh action of implementation of Sharia law (Hasba Bill) in the province of NWFP which was planned by the aliances of religious party, He not refused that planning and only asked some of  clauses in the planning of sharia rules to be changed as it is against the rule of islam contextly. Whereas other cases which still pending were about educational certificate. It involved 68 parliament members and about the prohibited permition of kite-flying celebration when that decision was not followed by the government of Punjab.
There were some reaction taken by part of law counselor , there were :

·                    Some of law adviser and lawyer criticized the decision of President pervez musharaf to dismiss CJP Iftikhar, and taken turns that it was the symbol of judicial decline of Pakistan. Chief of Supreme Court Bar Association, Munir A. Malik considered that Musharraf has no right and authority to call Iftikhar to his agencies house, and his groups would oppose against that cruelly action which was done by Musharraf. Moreover, ex-jury Wajihuddin Ahmed was the lawyer who appraised that the act taken by Musharaf was unconstitutional. Wajihuddin was the judge who refused to swear or promise from constitutional order as the successor pakistan constitution after coup of Musharaf in 1999.

·                    Chief of opposition in parliament, Maulana Fazlur Rehman who was the secretary general of Muttahida Majlis-e- amal also considered and guessed that dismission of Iftikhar Mohammad Chaudry was the biggest misfortune for Pakistan Constitution and it would be the negative impact for economical circle in Pakistan. The senator Raza Rabbani from Pakistan People Party Parliamentarian also said that it was the worse history happened around process of governing of Pakistan. Whereas the leaders of other religious political party with associated in MMA (Muttahida Majlis-e- amal) were indicated that the leadership of musharaf will be processed to the dictatorship.

·                    While another part of government stated on the contrary of those statement. They accept pleasurly the decission made by Musharraf. Ministry of education, Ali Durani in example in his interview said that he supported  the act of Musharraf  which would be increase the trust of public to judicature of  Pakistan and could strengthen the system which against the policy of governmnet. He concluded that the policy made by Musharraf including choosing Javed Iqbal as acting CJP was processed in the right constitution.

      The session cronologies of breeding on the dismisson of Iftikhar Mohammad chaudry as CJP and shown circumtances which is happened as the judicial crisis in Pakistan are :

·                    In his breeding defence infrontof session at march 13, 2007. iftikhar asked 3 of 5 judge in SJC to be moved out because their legality  were not recognized. Iftikhar also requested one of the judge in SJC who was taking a vacation to be summoned and involved to the judgement. In that time of judgment, the acting CJP Javed Iqbal  argued that Iftikhar still as the CJP and only non-acticated for awhile, untill the end of president petition decided. The session which was held on march 13, 2007 was delayed untill march 16, 2007. in that time he verdicted home arrest and prohibited to do any contact with anyone even his lawyer, Aitzaz  Ahsan the Senator.
      In coming first day of judgement was occured protest by the whole lawyers in the variuos city a round  Pakistan including Islamabad, they stopped all session in that day. They forced government to restore Iftikhar to be CJP again. in Lahore, the protest followed  strike. The demonstrant were confilcted and fight against police, caused 40 lawyer injured and other 50 arrested. Durrani as ministry or education announced the poilicy not to politize the dismisson of Iftikhar. This was to prevent the anti-Musharaf movement that would establish by MMA.

·                    The second session at march 16, 2007 in frontof SJC with led by Javed Iqbal had been occured properly. Iqbal stated that he would not forbid iftikhar to do any movement, and gave him a freedom to contact his lawyer. But contrary of that, his lawyer Aitaz Ahsan in the session stated that he couldn’t meet his clien and asked to delay the session until 5 days. SJC then, postponed it untill march 21, 2007 and agreed the request of Iftikhar to be guided by his 6 lawyers in the next session.
      Gathering with this second session, within 500 activis of political party from opposition party which drived by Muttahida Majlis Amal (MMA) were arrested from Rawalpindi and Islamabad. Whereas number of political leaders and parliament staff were arrested in Islamabad while trying to protest around the building of  Supreme Judicial Council as the symbol of solidarity for the disfunctional of Iftikhar.

Compared with the protest which was acuured in the other cities in term of act to non-activated iftikhar as CJP. The strike in Islamabad was the most worried and the worse things. Opposition party which is motorized by MMA, purposely taken this opportunity for their political purpose and forced Musharaf to resign from his occupation as the president because he interfered the highest pilar of state, judikatif. Lately, all elements of politicy and most of society refused the decision of president that dismissed the CJP, Iftikhar. He known as the most trustworthy person in leading the Justice.

As the result, uptill 16 of march,2007 9 persons of judges in the district court included Lahore were resigned. One of them is Jawwad Khawaja, argued that his action was the protest against unjustice decision made as government policy. They stated that it would be more difficult for them to continue their status while the judicial decline in Pakistan after this act of disfunctional. Jawwad Khawaja was one of  the Judge who sent his retirement letter to Musharraf immediately, wheter some other judges to the ministry of legislation, Wasif Zafar.

While, Pervez Musharaf  announced his apologize for the damage of the Office of Geo News in islamabad, he promised that he would give the compensation due to that. Geo had been destroyed due to it been accused to worsen the situation of Iftikhar. That was the worse accident that happen to mass media and television.

In march 28, 2007 Iftikhar Mohammad chaudry visited the Appelate court  in Rawalpindhi on the invitation LHC Bar association. He said in his speech that SJC must act independently, as mentioned in pakistan constitution. That was the first speech delivered by him since his arrestment.

·              The fourth session in april 3, 2007 decided to be delayed to 13 of april. Aitaz Ahsan asked to announce this session infrontof mass media and television due to the case was unusual and extraordinary, but it was refused. Same as usual, the opposition parties were again doing protest and strike.

·              In the sixth and seventh session, Rana Baghwandas didn’t tell any argumentasion and reasons of Iftikhar difunctional. In that time, President Lawyer asked the full court composition, and that was not fair. So, that became the opportunity for alot of people and opposition party to do strike to protest against the policy made by musharaf. This Protest action was occured in all over pakistan and run well.

            There were the facts that discovers the step of judicial crisis in Pakistan, and no doubt that Pakistan not only has been crises economically, but in the sight of world Pakistan also crisis judiciary.

II. The Development Events of Judicial Crisis

·        14 June 2008 – Rawalpindhi :
   The long march came to full stop in Islamabad without staging the much expected sit-in till the reinstatement of the deposed judges.

·        5 August 2008 – Islamabad :
   PPP co-chairman Asif ali Zardari and PML-N leader Mian Nawaz Sharif reached a consensus on the impeachment of President Pervez Musharaf.

·     18 August 2008 – Islamabad :
   Musharraf resign from his office but succeeded in extracting a very favourable safe-exit deal, which allowed him to stay in Pakistan without any impeachment, charges or trials for all his acts of omission and commission during his nine-year rule.

·        27 August 2008 – Karachi :
   Justice Anwar Zaheer Jamali, who had refused to take oath on November 3 under the PCO, took oath here as chief justiceof the sindh high court after being reappointed, along with 7 other deposed judges of  the SHC.

·        13 September 2008 – Lahore :
   Attorney General of Pakistan, Sardar Latif Khosa ruled out the possibility of reinstatement of CJP to the position of chief Justice even if President Asif Ali Zardari wished to do so.

·        26 February 2008 – Islamabad :
   All vehicular traffic remained jammed for hours between Zero Point and China Chowk due to a sit-in staged by enraged workers of the PML-N against the verdict of the Sc, which declared Sharif brothers ineligible to contest the general elections.

·        12 March 2008 – Karachi :
   The lawyers of the KBA and SHCBA commenced long march. The police baton-charged the marchers and arrested them. More than 100 lawyers, and political were arrested.

·        18 March 2009 – Islamabad :
   The government formally restored 11 desposed judges of the superior judiciary including chief Justice Iftikhar Mohammad Chaudry.

III. All Judiciary Issues From  News Papes
Dated  since 11 – 28 November 2008
Here we are, the conclusion that taken from the newspaper. The mentioned below only the short conclusion from the written on the newspaper.

November 14, 2008

Law and order biggest problem, says Gilani
The Dawn

ISLAMABAD, Nov 13: Prime Minister Syed Yousuf Raza Gilani said in the Senate on Thursday he was ready to step down if anyone could come up with solutions to multifarious problems, particularly law and order.

In a reply to senators’ reservations about privatisation, IMF package and law and order, the prime minister, in only his second appearance in the Senate since taking office in March, said the biggest problem plaguing the nation was law and order.

The prime minister categorically stated that guidelines provided by parliament would be followed, adding that the ruling coalition believed in supremacy and strengthening of state institutions.

He warned that the coming challenge for the country would be shortage of water resources, accusing the previous regime of doing nothing to address the issue.About the IMF loan, Mr Gilani said he had ‘clearly’ told his adviser on finance Shaukat Tarin that no terms against national interest would be accepted.

November 16, 2008

CII suggests sweeping change in divorce law
The News

ISLAMABAD, Nov 15: Proposing sweeping changes in the Family Law, the Council of Islamic Ideology (CII) has recommended that a divorce would be deemed to go into effect 90 days after a woman has filed for separation even if the man does not respond by that time.

A meeting, chaired by Chairman Dr Khalid Masood, on Saturday recommended that divorce papers should be registered in the same way as the marriage certificate (Nikahnama), duly filled in under prevailing laws.

The bridegroom, the council recommended, should declare his assets at the time of his first marriage and give full details about his first wife and children in the Nikahnama in case of a second wedlock.

The CII also recommended registering the first declaration of divorce by the husband, following which the second and third declaration would annul the marriage.

November 18, 2008

Iftikhar receives standing ovation
The News

NEW YORK, Nov 17: Deposed Chief Justice Iftikhar Mohammad Chaudhry received a standing ovation from a huge crowd of Pakistani-Americans in Brooklyn (New York) on Sunday evening.

Justice Iftikhar who has come to the United States to receive awards from New York Bar Association and Harvard Law School did not address the crowd.

Former President of the Supreme Court Bar Association Aitzaz Ahsan said in his speech that in order to make Pakistan truly independent and honourable nation restoration of the deposed chief justice was a pre-requisite.

“He is a symbol of independent judiciary which all Pakistanis want,” he said.

The meeting was organised by Pakistani-American lawyers led by Ramzan Rana.

Mr Ahsan said Pakistan’s top political leaders, Asif Ali Zardari, Mian Nawaz Sharif, Asfandyar Wali and Maulana Fazlur Rehman, had made written and oral commitments with the nation to restore all deposed judges, but so far that promise had not been fulfilled.

November 19, 2008
Tribute paid to Justice Iftikhar at NY bar ceremony
The Dawn

NEW YORK, Nov 18: Deposed Chief Justice Iftikhar Mohammad Chaudhry received Honorary Membership of the New York City Bar Association on Monday.

President of the association Patricia Hynes presented a framed citation to Justice Iftikhar in recognition of his efforts to uphold the rule of law. Justice Iftikhar is the eighth person to be conferred honorary membership by the New York City Bar.

Prior recipients include former Chief Justice of the United States William Rehnquist and former Chief Justice of India P.N. Bhagwati. Former president of the Supreme Court Bar Association Aitzaz Ahsan presented to the New York City Bar Association a crest on behalf of Pakistani lawyers as an expression of gratitude to New York’s lawyers community for their support.
November 28, 2008
Child protection law on the cards
The Dawn
ISLAMABAD, Nov 27: The government is contemplating a law for protection of children and safeguarding them against abuse by creating an environment to help their upbringing in a healthy and pleasant atmosphere.

The law proposes setting up courts to solve custody disputes and checking violations of children’s rights.
A meeting to discuss possibilities of framing the law to protect the rights of children was called by the law minister in which Minister for Social Welfare Samina Khalid Ghurki was specially invited to help devise the Child’s Protection Bill as early as possible.
The proposal suggests setting up courts at the provincial level in consultation with the high courts where the cases of children in need of care would be heard and decided, especially disputes relating to custody.
Those we can tell about the development of  judicial crisis in Pakistan. The references based on the fact, chronology of events, and newspaper. Even it all are not as detail as possible, but we can imagine by our self how bad was the judiciary system in this country. And however it acquire correction step by step to be proper, as good as society needs.





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