I. Preface
and Short Flash Back
The statement of judicial crisis in
Pakistan
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
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
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
Justice Iftikhar who has come to the
Former President of the Supreme Court Bar Association Aitzaz Ahsan said in his speech that in order to make
“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.
Tribute paid to
Justice Iftikhar at NY bar ceremony
The Dawn
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
Child protection law on the cards
The Dawn
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.
IV. CONCLUSION
Those we can tell about the development of judicial crisis in
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