Iftikhar Muhammad Chaudhry

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Iftikhar Muhammad Chaudhry
افتخار محمد چودھری
20th Chief Justice of Pakistan
In office
30 June 2005 – 3 November 2007
Preceded byNazim Hussain Siddiqui
Succeeded byAbdul Hameed Dogar
Personal details
Born (1948-12-12) 12 December 1948 (age 75)
Template:Western city of Quetta Template:Balochistan Pakistan
NationalityPakistan Pakistani

Iftikhar Muhammad Chaudhry (Urdu: افتخار محمد چودھری) (born 12 December 1948), was the 20th Chief Justice of Pakistan. He was appointed as Chief Justice by Pakistani President Gen. Pervez Musharraf on May 7, 2005.[1] He was suspended by President General Musharraf on March 9, 2007, on corruption charges but was reinstated on technical grounds by order of the Supreme Court on July 20, 2007.[2]

After having been successfully elected as President for second term, Musharraf pre-empted an impending court decision against his re-election and suspended the constitution and declared a state of emergency.[3] Justice Iftikhar reacted promptly, convening a seven-member bench which issued an already prepared interim order against this action.[4]

Subsequently, 111th brigade of the Pakistan army entered the supreme court building and removed Chaudhry and several other judges from the Supreme court.[5]

Career in Law

Chaudhry Iftikhar has a Bachelors in Arts and Bachelors in Law (LLB). He joined the bar in 1974. Later, he was enrolled as Advocate of the High Court in 1976 and as an Advocate of the Supreme Court in 1985. In 1989 he was appointed as Advocate General, Balochistan, and later got elevated as Additional Judge, Balochistan High Court in 6 November,1990 until 21 April, 1999.[6]

Besides remaining as Judge High Court, he discharged duties as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Courts as well as Company Judge. Justice Iftikhar Muhammad Chaudhry also remained President of High Court Bar Association, Quetta, and was elected twice as Member, Bar Council. Later, he was appointed as Chairman, Balochistan Local Council Election Authority in 1992 and thereafter for second term in 1998. He also worked as Chairman, Provincial Review Board for the province of Balochistan. He was twice appointed as Chairman, Pakistan Red Crescent Society, Balochistan.

At present, Justice Iftikhar is also functioning as Chairman, Enrollment Committee of Pakistan Bar Council and as Chairman, Supreme Court Building Committee. He was appointed as Chief Justice High Court of Balochistan on 22 April,1999.[6]

In January 2000 Chief Executive General Musharraf dictated that all superior court judges swear a new oath under the PCO No.1 issued on October 15, 1999, which had suspended the Constitution of Pakistan. After swearing an oath on the PCO Justice Iftikhar was elevated to the Supreme Court on 4 February, 2000. He was appointed as Chief Justice of Pakistan on 7 May,2005 by President General Pervez Musharraf.[7] Justice Iftikhar Muhammad Chaudhry is the senior-most judge among the sitting judges of the Court after the outgoing Chief Justice Nazim Hussain Siddiqui. Justice Iftikhar Muhammad Chaudhry assumed the office of Chief Justice on 30 June,2005.[6]

Important rulings

Pakistan Steel Mills Privatization

Main article: Pakistan Steel Mills

In 2007, the Supreme court ruled against the government, saying that the selling of Pakistan Steel Mills to a group including Arif Habib, former client and friend of PM Shaukat Aziz, was done in "indecent haste".

File:Pakistan-CJ.jpg
President Pervez Musharraf administers the oath of the office of the Chief Justice of Pakistan to Justice Iftikhar Muhammad Chaudhry in 2005.

Hasba Bill case

Main article: Hasba bill

The Hasba bill also proposed powers for the police to ensure observance of Islamic practices and values while curbing palm reading and other superstitious customs deemed un-Islamic by the legislators.

General Pervez Musharraf petitioned the top court for an opinion after the Hasba bill was passed through North West Frontier Province's assembly.

"The governor of the province of NWFP may not assent to the Hasba bill in its present form," Chief Justice Iftikhar Muhammad Chaudhry, head of a panel of nine judges, told the court before listing several clauses in the bill deemed unconstitutional.

Missing people

Many people in Pakistan had "disappeared." allegedly kidnapped by the American agencies (FBI, CIA) and Pakistani agencies (ISI, MI, IB) in pursuance of the "War on Terror." These actions were challenged in the Supreme Court and a bench under the Chief Justice Iftikhar Muhammad Chaudhry had directed the Ministry of Interior and the representatives of the military agencies to appear in the court and answer the issues raised.On his orders hundreds of terrorists were released, many of whom have been found involved in the spate of suicide bombings which are taking place in Pakistan[citation needed].

The case is being pleaded by Fakhruddin G. Ebrahim and Asma Jahangir from the Human Rights Commission of Pakistan.[citation needed]

Cases for 2007

Some very important cases were heard in the supreme court in the 2007. Decisions have already been taken in some:

  • The case whether Nawaz Sharif (twice the former PM of Pakistan) can come back to Pakistan. Government had always said that he can but now does not want him to come back. — Decision: Sharif can come back.[8]

Suspension and reinstatement

File:Iftikhar chaudhry agencies.jpg
Two secret agents try to force the chief justice to sit in the car. One agent grasps the Chief Justice by the hair.
Main article: Iftikhar Muhammad Chaudhry (suspension)

On March 09, 2007, Chaudhry was suspended by Pakistani President Pervez Musharraf. Musharraf also filed a "reference" (i.e., legal case) against Chaudhry for misconduct.

The suspension of Chaudhry was the first time in the 50-year history of the Pakistani Supreme Court that a Chief Justice was suspended. The court under Chief Justice Chaudhry had made rulings against governmental corruption, including the Pakistan Steel Mills case.The court had started taking suo moto notice in all walks of governance starting from prices of vegetables, song's lyrics to traffic congestion and made the executive totally ineffective.

After the event, there was unrest in the country with regard to the validity of the allegations against Chaudhry, as well as doubt as to whether Musharraf actually had the power to suspend the Chief Justice under the circumstances.[9]

On May 5, 2007, Chaudhry traveled from Islamabad to Lahore to address the Lahore High Court Bar Association. Demonstrations of support along the route slowed his motorcade to the point that it took him 25 hours to reach the dinner the Association was holding in his honor.[10] This journey usually takes 4-5 hours on average.[citation needed] Demonstrators chanted not only slogans supporting Chaudrhy, but also openly called for Musharraf to step down(Go Musharraf Go).In his speech he criticized dictatorship and emphasized on the important of the rule of law.[11]

File:Pakpublicrally.jpg
Public supporting Chief Justice in capital city of Islamabad.

On July 20, 2007, Chaudhry was reinstated to his position as Chief Justice in a ruling by the thirteen-member bench of Pakistani Supreme Court which also quashed the misconduct reference filed against him by Musharraf without even considering or investigating the allegations leveled against the Chief Justice. The ruling combined 25 constitutional petitions filed by Chaudhry and other interested parties, but referred most of the issues raised by the 24 petitions not filed by Chaudhry himself to lower courts for extended adjudication. All thirteen of the sitting justices agreed that Musharraf's action had been illegal, and ten of the thirteen ordered Chaudhry was to be reinstated and that he "shall be deemed to be holding the said office and shall always be deemed to have been so holding the same." The judges actually gave the ruling in violation of Article 209 of the Constitution of Pakistan.[12]

Cases post-reinstatement

On August 20 2007 Ifikhar Mohammad threatened Tariq Pervez (the director-general of Pakistan's Federal Investigation Agency) with jail if he did not produce ghost detainee Hafiz Abdul Basit.[13] Chief Justice Chaudhry ordered "He must be produced today or you will be sent to the lock-up." Under this threat he was released by the intelligence agencies. Hafiz Basit was later implicated in the assassination of Ms Bhutto.[13]

2007 State of Emergency

Main article: 2007 Pakistani state of emergency

General Pervez Musharraf, who used to hold the office of the President and Chief of Army Staff of Pakistan, on Saturday Nov 3rd 2007 declared a state of emergency and suspended the nation's constitution and parliament at the same time.[14]. According to the 1973 Constitution of Pakistan the President of Pakistan can impose a state of emergency in the country, if he believe that circumstances exist that warrant it and has to get it validated from a sitting Parliament within 30 days.[15] However the proclamation of state of emergency was announced, according to the proclamation, by him as the chief of army staff and not the President of Pakistan and as per legal scholars this is tantamount to martial law, as there is no provision present in the Constitution of Pakistan for an Army General to declare a state of emergency.

Further according to the constitution the state of emergency only suspends certain fundamental rights of citizens and all other structures and functions of the state remain functioning as normal under the constitution, but through this proclamation the government has suspended the constitution itself and issued a provisional constitution order (PCO) in its place, this action is not allowed by any provision of the constitution and is thus tantamount to martial law.

After the imposition of emergency and suspension of constitution, Chaudhry constituted an 8 member bench of supreme court judges duly headed by himself, and immediately quashed the provisional constitution order, declaration of emergency and the suspension of the constitution, and ordered all civil and military personnel to ignore the order. He also ordered all the chief justices of high courts and judges of supreme court and high court not to take oath under the PCO. Soon after, the supreme court was stormed by the 111th brigade of the Pakistan Army and chief justice Iftikhar Muhammad Chaudary along with seven other judges of the of the Pakistan supreme court were removed from office and kept under house arrest. Musharraf replaced Justice Iftikhar Chaudry with Abdul Hameed Dogar as the de facto chief justice of Pakistan and also administered the oath of office to three other judges of the supreme court under the PCO, Justice Dogar later took a fresh oath on the constitution after it was restored and the PCO withdrawn.

Activities after arrest

He is under strict house arrest and no one has met him officially since he was arrested on 3 November, 2007. However he has continued to denounce Musharraf's declaration of emergency and vowed to push for a return to the rule of law.[16] .

On November 6 Iftikhar Chaudhry spoke by phone to a group of 500 lawyers.[17] In his statement he said that the constitution had been "ripped to shreds" and that the people should "rise up and restore it". He added that although he is currently under guard, he will soon "join you in your struggle". Supporters and political parties have since rallied around him once again.[18]

On 7 November his personal guard was arrested and taken away.[19]

On 15 November Geo News reported that Chaudhry had ordered the Islamabad Inspector General of Police to take action against his and his family’s house arrest and their possible removal to Quetta. According to the channel, Chaudhry held the interior secretary, the commissioner, the deputy commissioner and the assistant commissioner responsible for his house arrest. He said he was still the chief justice of Pakistan and the official residence was his by right.[20]

On 18 November in a letter to prominent English-language newspaper The News he wrote: "I will fight till the last drop of my blood to save the Constitution of Pakistan and so will resist any move to ‘deport’ me to some far-flung area with the intention to separate me from the lawyers and the Pakistani citizens".[21]

On 21 November the law enforcement agencies stopped the deposed Judges, including Chaudhry, from leaving their houses in Judges Colony. Meanwhile retired Justice Wajihuddin Ahmed came to the Judges Colony, accompanied by a large number of lawyers, to meet the deposed Judges. However, he too was prevented from proceeding further to the Judges' residences.

Justice Rana Bhagwandas, the next most superior Judge in Pakistan, also tried to leave his house but the law enforcement agencies personnel stationed at his gates did now allow him to, maintaining that they had not had orders from their superiors allowing it.[22]

On 24 November members of the delegation visiting Munir A.Malik in Pakistan institute of medical sciences conveyed greetings and inquired about his health on behalf of deposed CJP Iftikhar Muhammad Chaudhry.[23]

HLS Medal of Freedom

As lawyers who value freedom and the rule of law, we at Harvard Law School want Chief Justice Chaudhry and all of the courageous lawyers in Pakistan to know that we stand with them in solidarity. We are proud to be their colleagues in the cause of justice, and we will do all we can to press for the prompt restoration of constitutionalism and legality in Pakistan.

— Elena Kagan, Harvard Law School's Dean, on the Justice Iftikhar's awarding.[24]

In the wake of the imposition of emergency rule in Pakistan, on November 14, 2007, the Harvard Law School Association[25] decided to award its highest honour, the Medal of Freedom to Justice Iftikhar Chaudhry, following the military crackdown the previous week. He becomes the first Pakistani to be presented with such honour.

Harvard Law School Medal of Freedom is given to selected personalities for their contributions to freedom, justice, and equality. Former South African President Nelson Mandela is one of the previous recipients of this award.

As Iftikhar Chaudhry was under house-arrest at that time, the school planned to hold a grand ceremony to award the medal hoping that its recipient will soon be released and allowed to attend. According to the official statement:

Although Mr Chaudhry has been placed under house arrest and is not free to leave Pakistan.

The same statement announcing the award, identifies Chaudhry as Pakistan’s chief justice and not as a deposed or former judge.[26][27]

Lawyer of the Year Award

The National Law Journal picked Mr. Chaudhry as the lawyer of the year for 2007, the only non-American in the history of the Journal. The official line of the US government may be muted critique of the dictator but the human heart decries for the innocent and pallbearer of justice. Mr. Chaudhry, how weak he may be in a country run by dictators half its life, stands tall by his denunciation of mockery of justice and deviation from rule of the law. On December 15, 2007 'emergency' was lifted and Musharraf's crafted lawyers reinstated an amended Constitution which has been cut out to fit for the dictator. Musharraf made it clear that reanactment of the Constitution does not mean renistatements of Justices including Mr Chaudhry. To Mr. Chaudhry and rest of the world this step also remains unconstitutional, a duly elected Parliament can only alter the manuscript of the constitution with a two-third majority. The act of 'emergency' has done nothing but purged judiciary of dissenting justices and instalment of Musharraf friendly supreme court. The dejure Chief Justice is correct that the Constitution of Pakistan is in shreds and has been mutilated with despotism being the order of the day or days to come. The upcoming elections are feared by the independent media to be rigged, since the Constitution is unalterable by any one individual, Mushaaraf will be hard-pressed to find 2/3rd majority to make his changes(unlawful) legitimized.

An Open Letter in February-2008

While imprisoned in Chief Justice Residence - Islamabad, Justice Iftikhar wrote an open letter in response to General Musharraf.
'

Confusion between Dejure & Defacto

There has been several instances where certain people have marked and/or referred to the current Chief Justice of Pakistan Abdul Hameed Dogar as the Illegal or Defacto Chief Justice of Pakistan, and referred to Iftikhar Muhammad Chaudhry as the legal and/or current Chief Justice of Pakistan.

Justice Dogar was elevated to the position of Chief Justice of Pakistan on 3 November 2007 and he was offered to take an oath on the Provincial Constitution Order (PCO) which replaced the Constitution like Iftikhar Muhammad Chaudhry who took a similar oath on the PCO in 2000 and was elevated to the Chief Justice position.

As with Iftikhar Muhammad Chaudhry, Justice Dogar later took a fresh oath according to article 178 of the Constitution on 15 November 2007, thus making him the legal and dejure Chief Justice of Pakistan.

See also

References

  1. ^ "Chaudhry Iftikhar named new CJ". May 7, 2005.
  2. ^ "Pakistani court reinstates top judge". July 20, 2007.
  3. ^ "Musharraf Suspends Pakistan's Constitution". November 4, 2007.
  4. ^ "Justice Iftikhar declared proclaimanation of emegency,suspension of constitution and provisional constitution order illegeal, PCO". November 4, 2007.
  5. ^ "Emergency in Pakistan - Custody for Chief Justice and 7 other judges of Supreme Court". November 3, 2007.
  6. ^ a b c Supreme Court of Pakistan Official Website
  7. ^ "Chaudhry Iftikhar named new CJ". May 7, 2005.
  8. ^ Daily Times - Leading News Resource of Pakistan
  9. ^ "Suspended Pak CJ arrives in Karachi amid violence and tight security". Daily India. May 12, 2007.
  10. ^ States cannot survive under dictatorship: CJ, May 7, 2007. DAWN Newspaper. Accessed August 27, 2007.
  11. ^ YouTube - Chief Justic of Pakistan blasts 'dictators'
  12. ^ Short Order Press Release July 20, 2007, Supreme Court of Pakistan. Accessed August 27, 2007.
  13. ^ a b Syed Shoaib Hasan (Monday, August 20, 2007). "Security chief gets jail warning". BBC News. Retrieved 2007-08-23. {{cite news}}: Check date values in: |date= (help)
  14. ^ "Text of Pakistan emergency declaration". November 03, 2007. {{cite web}}: Check date values in: |date= (help)
  15. ^ "Section of Constitution on Emergency Provisions".
  16. ^ "Iftikhar Chaudhry vows fresh struggle against Musharraf". November 5, 2007.
  17. ^ YouTube - Broadcast Yourself
  18. ^ Pakistan News Service - PakTribune
  19. ^ Pakistan Times! » Blog Archive » More restrictions on Iftikhar Chaudhry, his family
  20. ^ Daily Times - Leading News Resource of Pakistan
  21. ^ Deposed CJ praises PPP chief
  22. ^ The Nation
  23. ^ The Nation
  24. ^ [[http://www.law.harvard.edu/news/2007/11/13 pakistan.php|title=HLS News: Pakistani chief justice to recievce Harvard Law School 'Medal of Honour'
  25. ^ "HLS News: Pakistani chief justice to recievce Harvard Law School 'Medal of Honour'". November 14, 2007.
  26. ^ "Dawn: Harvard to award Medal of Freedom to Justice Iftikhar". November 15, 2007.
  27. ^ Harvard Law School to honour Iftikhar

External links

Preceded by
Nazim Hussain Siddiqui 		Chief Justices of Pakistan Succeeded by
Abdul Hameed Dogar

Template:Chief Justice of Pakistan

Retrieved from "https://en.wikipedia.org/w/index.php?title=Iftikhar_Muhammad_Chaudhry&oldid=205100941"