In a landmark decision today, Pakistan’s Supreme Court ruled that former President Pervez Musharraf‘s declaration of emergency rule on November 3, 2007 was unconsitutional. GEO News reported,
A 14-member larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps. The verdict said that sacking of the judges was illegal and unconstitutional. Article 279 of the Constitution was violated on November 3, 2007...The Supreme Court termed the steps taken on November 3, 2007 as null and void.
Hamid Khan, former president of the Supreme Court Bar Association and a lawyer representing a petition filed by the Sindh Bar Association against the emergency order, told reporters after the decision, “All the judges who took the oath under the provisional constitutional order of Nov. 3 were unconstitutional judges, their appointment as judges is canceled.”
Although other leaders of the lawyers’ movement, like Aitzaz Ahsan, noted the decision will have “far- reaching implications,” it is still unclear just what exactly will happen next. According to Al Jazeera, Friday’s ruling “may strengthen the case for bringing treason charges against the former military ruler…” However, as noted by Dawn, “any charges of treason against Musharraf would have to come from parliament. The previous parliament had endorsed Musharraf’s actions.”
Therefore, the ruling, while significant, begs the question – what now? Will the rulings of the PCO judges still stand if their appointments were deemed illegal? Is it contradictory to rule the firing of judges illegal by firing more judges? Finally, what will happen with the National Reconciliation Ordinance? What are your thoughts?
and why m i not celebrating?
Do tell why!
I have mixed feelings myself – first of all, it seems to be such a conflict of interest that a judge who was fired by Musharraf is residing over a bench on the firing. I am all for a trial on the topic, but how can you claim to be objective if you were the person burned?
Some good blogs related to this topic:
Saesneg’s post (awesomely titled Ifitikhar Chaudhry and the Supremes): http://saesneg.wordpress.com/2009/07/30/iftikhar-chaudhry-and-the-supremes/
Five Rupees’ post The Supreme Court Versus Musharraf: http://fiverupees.blogspot.com/2009/07/supreme-court-versus-pervez-musharraf.html
Great post, kals. Very opportune. This is monumental. Only time will tell if this witt open up a pandora’s box or finally close the gates to dictatorship. I see tough times ahead for the pres-general. And i’m glad for it.
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Dear Kalsoom-
You nailed it- it is a conflicts of interest. The judiciary in Pakistan and the judges that are within the current judiciary are failing to uphold judicial conduct that is essential for the independence of the judiciary. The movement for the restoration of the judiciary may have been a success, however the independence has still not been achieved. The Chief Justice in my opinion, can not serve independently on the bench, and should resign. Statements by Justices, such as Khawja the other day regarding regarding Musharraf and Nawaz are political statements that influence the rulings of future cases. How they remain judges, and how lawyers in Pakistan fail to recognize this is beyond me. The mere fact that judges are taking political stances on issues outside the Courts, in the media and by meeting politicians and foreign dignitaries has far-reaching implications for Pakistan’s democracy and the judicial system at large.
Some knowledge on British or American Common Law Judicial Conduct will indicate the level of partiality that is being practiced within Pakistan. The judges are to maintain a life that is not to be in the public forum. The Parliament and the People should reign supreme.
The Nawaz Acquittal in my opinion was a politically charged decision and indicates the level of partiality. My family members were on that flight, and it was clearly hijacked. There is a need to reform our Judiciary and rid ourselves of these current politicians before it is too late.
Our future rests on its youth and this generation has failed over and over again.
Not that I’m standing up for Musharaf but….the judges on the panel were the ones that were ousted…so the question is…. is there real justice in all this? And, another question….if Dogar’s position was unconstitutional, does that make Zardari’s oath legal? Seems like we want to show justice on one hand but creating injustice on the other. What are your thoughts Kalsoom?
I agree with you KP, and I think it’s something Mahir pointed out too – it’s a real conflict of interest. And honestly, given the cases Chaudhry has decided to reside over, it seems to be more a case of selective justice than real justice. Pakistan’s judiciary has ALWAYS been politicized, and frankly, this bench, regardless of Chaudhry being a symbol during the lawyers movement, is no different.
I do agree with a lot of opinions that Chaudhry is an exhibitionist. He definitely wants to show the people of Pakistan (and the world in general) that he’s such a “good” judge. That said though, after reading the papers today I think the judgement that they passed was quite good.
The short order does state that Musharraf’s act was extra-judicial, unconstitutional and illegal all in the same sentence. ANd that by itself is true. All of us agree what Musharraf did was a judicial coup meant to extend his rule, by nook and cranny. And the rescinding of the judges appointment is also good. You see, the reason why there were only judges on the court who were “evicted” by Musharraf was because they knew that the current strenght of the Supreme COurt at 28 had to go and with that, all the judges that were appointed. So yes, there might have been biasness on the bench but because the likely outcome was so, they couldn’t possibly have a PCO judge who could have a dissenting opinion which could be used by anyone to challenge the order.
They’ve also spared Zardari’s oath and given parliament (the right forum) to either validate the amendment in 120 days or throw them out. So if the NRO really is something that the Pakistanis want to get rid of, this is the way. There is rampant corruption because of Zardari and his cronies in office and it really is a sad affair.
I thought the order was a complete piece of crap (with all civility possible). The very first part of it has an express contradiction. Due process of the law and the neutrality of judges is essential to an independent judiciary. This Court ruling has no meaning in my opinion and should be disregarded. The Chief Justice should resign. He can no longer serve as a Chief Justice without engaging in improper judicial conduct. Have a look at proper judicial conduct via other common law countries including India and England. We have inherited the common law legal tradition, yet we are practicing without any procedure whatsoever. How this Court let Nawaz go is further indicative of the partiality practices.
Regardless of the outcome or the result, and how it appeals to popular opinion- it is wrong. It’s simple as that. People, be it criminal or not, have the right to the due process of law under a neutral judge. There is no exceptions to this, and anything flowing outside of this essential norm- is faulty and needs to be fixed immediately.
Our Country is in major trouble if this continues. Mark my words.
[…] at CHUP – Changing Up Pakistan! asks some relevant questions: Therefore, the ruling, while significant, begs the question – what now? Will the rulings of the […]
[…] at CHUP – Changing Up Pakistan! asks some relevant questions: Therefore, the ruling, while significant, begs the question – what now? Will the rulings of […]
[…] is the latest in a series of efforts to hold Musharraf accountable for the state of emergency. On July 31, Pakistan’s Supreme Court also ruled that his declaration of emergency rule was […]