The ‘Lawyers Movement’, which started in March 2007 is supposed to be a solid step and a milestone in the revival of independence of the judiciary and the rule of law in Pakistan. The Harvard law school awarded the “Medal of Freedom” and the American Bar Association an honorary life membership to the CJP in reward for his persistent struggles to safeguard the independence of the judiciary and rule of law in Pakistan (DAWN, 2007).
In 2007, Chief Justice Iftikhar Muhammad Chaudhry tried to stop political involvement in the affairs of the judiciary by the executive. On Friday March 9, 2007, President General Pervez Musharaf summoned CJP and forced him to resign because of some frivolous allegations.84 The Chief Justice refused and was subsequently detained in the Army House for five hours. He was soon after removed as the Chief Justice of Pakistan. The CJP was put under house arrest in his official residence until March 13, 2007, where he was denied visitors (Hassan, 2008: 2). The recent decisions by the Supreme Court stood in the way of General Musharraf’s ‘Neo-liberal Post 9/11 Agenda’. Moreover, few of the well-known cases such as Privatization of Pakistan Steel Mills (which is considered as the major asset of
84
The Chief Justice of Pakistan was blamed for “misconduct and misuse of authority” by General Pervez Musharaf, though the particular allegations were not disclosed publicly (Masood, 2007).
140 Pakistan’s economy), missing person’s case85
after 9/11 and accountability of Intelligence Agencies were considerable issues for General Musharaf as he required the Court to decide according to his own wishes (Hassan 2008:2).
The Chief Justice was reinstated on July 20, 2007, following intense pressure from the movement started by the majority of lawyers and civil society groups.86 After resuming office, the Chief Justice ordered intelligence agencies to present the missing persons in the court (Hassan, 2008:3). The most critical question arose when the question of President’s eligibility87
in the next elections came before the Supreme Court. The problem was that he was contesting the election of President of Pakistan for the second term while holding the seat of Army Chief. However, General Musharaf was allowed to contest the Presidential election but he got an impression that the Supreme Court was not prepared to give him support on the basis of holding two positions88 (Kiesow et al 2008: 14).
While Musharaf’s eligibility case was pending before the Supreme Court, he went on to suspend the Constitution and subsequently detained all the judges of the Supreme Court in their official residences except four who took oath under the ‘new order’ on the same day. The judges were forced to take fresh oath under the PCO but the
85
There was a presumption that the political prisoners who were under the custody of Pakistani intelligence agencies were handed over to the U.S. forces without any trial in Pakistan and Dr. Afia sidiqi’s case was one of them. (Hassan 2008:2).
86
When the news of detention and restraining of the Chief Justice was telecasted by some private TV channels, the lawyers and the people of Pakistan were shocked. Everyone considered General Musharaf’s act as unconstitutional and against the very spirit of law. Therefore, the leadership of the Bar Council decided to start a movement for the reinstatement of the CJP and his fellow judges which was warmly welcomed by the majority of lawyers. They started their peaceful protests through strikes and demonstrations by carrying placards outside court rooms and on the streets and the protests gradually increased in strength when other civil society and political parties joined in. The main demand of the lawyers was to reinstate the judges and to let the CJP decide all the cases pending before the SC (Hassan, 2008:3).
87
In view of the Supreme Court, this act was unlawful under the Constitution of Pakistan 1973 (See footnote 26 for further details).
88
141 majority rejected this on the basis that it was unconstitutional. The judges were once again detained at their various residences89 (Tariq, 2008).
In the aftermath of the general elections of 2008, the newly elected Prime Minister Mr. Yousaf Raza Gilani ordered the release of the detained judges. On 18 August 2008, General Musharaf resigned and Asif Ali Zardari (the husband of deceased Benazir Bhutto) of PPP was elected as the President of Pakistan on 6 September 2008. Upon assuming office, Mr Zardari adopted the same policy of Musharaf and reinstated some of the judges of the Supreme Court except the Chief Justice. Zardari was not willing to reinstate Chaudhry as his cases of corruption were pending before the Supreme Court. However, in the wake of the ‘Long March’,90 Chaudhry was reinstated as Chief Justice on March 16, 2009 (Tariq, 2008). The ‘Lawyers Movement’ had started a way forward for the reinforcement of constitutional governance and judicial independence in Pakistan. As in the words of U.S. President, Andrew Jackson (quoted by Ellis, 1989); “all the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them (the people) by an independent and virtuous Judiciary?”(P: 32).
5.3 PROVISIONS AND CASES RELATING TO THE RULE OF LAW AND