The Chief justice saga starting from 9 March 2007 has not only exposed a lot but has also surfaced out some very encouraging and some more dismaying angles. Immediately after 9 March 2007 a new quality of this nation came in light viz that it was not totally blind and dump as was generally believed. The Chief justice came out of his residence when a few dozen advocates were waiting for him. Reaching up to Taxila Road this crowd became in thousands. The journey up to Jhelum which should not had taken an hour could be covered in 5 ours; reason being from each connecting road and village on way out came people and starting moving behind CJ vehicle. No body has till today said even a single word if this crowd was hired on rent and was arranged as is seen on occasion of such political “jalssas”. This was perhaps the first march or caravan in Pakistan history which was not arranged by anyone, no one called or summoned people to join in it. This was the first of its kind caravan which was not lead by “Rahbar”. Everybody came out in sun and in dark late hours at his own, waited on road side for hours only to see and pay silent respect to the person who stopped steel mills sales, saved thousands of Murree trees from hands of Choudhries, brought happiness on faces of many families whose dear ones were missing since years. This was a unique caravan which fitted on an urdu poet’s saying “juoon Juoon Maen chalta Geya, Carvan Bantaa Gaaya”. From 9 March 2007 till mid July 2007 none expect for Mohammad Ali Durrani, Wasi Zafar, Sher Afghan or Choudharies or MQM if anyone spoke a word or wrote any article against Chief Justice Iftikhar Mohammad Choudhry. It was only after July 2007 that from some where threads were moved that slowly against the deposed judges most particularly against justice Iftikhar Mohammad criticism started coming in as much as that sometime back rumours in press were “floated” against family members of some deposed judges. The interesting thing however was unlike the general tendency no quarters paid any attention to such characterless accusations against family members of these judges. It was a marvelous show by the community.
However after the February elections and establishment of the so called coalition Government all of a sudden an army has born within nights taking stiff stand against deposed judges by creating new and new definitions and interpretations of constitution. This small new born army comprising a few advocates, journalists, columnists etc are “inventing” new and new tools to create doubts in mind of masses which attempts however are largely failing to achieve the devil wishes. The worst and most shameful of such efforts I found in an article from a regular columnist Muunir Ahmed Baloch published on 5 May 2008 in Daily Khabrain Lahore entitled “Restoration of political judiciary”. Credit however goes to him for using brain in inventing a very new but significant first time so far used tool namely ethnic and religion. He questions that when “ex-“ judge Rana Bghwandas in March 2007 went for “Yatra of some Mandirs” why his stay ‘became’ long. He further says in his counter petition Chief Justice Iftikhar Mohammad Choudhry had objected that Justice Baghwandas “could” had been “brought” to Pakistan immediately by chartered plan but he (Baghwandas) does not tell that why he extended his stay in India and arrived only on 24 March 2007 to take oath. The writer further add that in Pakistan minorities have all rights and quoting one or two names of Pakistani Christians and Hindus, he tries to give an impression to the readers that Justice Baghwandas did not got this highest post only due to his “merit and abilities” but due to his being from minority. To me using this tool in shape of word “ Hindu, Yatra” is the most shameful but I know paid cronies have no such thing in them.
Nameed Bukhari as a TV journalist filed a Reference against Mr. Justice Iftikhar Mohammad Choudhry. Munir Ahmed Baloch too is a journalist and he is a paid croni and has written this article on payment. In case he is really honest to himself then I suggest he too acting on his conscience, if he has any, files a similar judicial reference against Mr. Justice Baghwandas. I have no legal knowledge hence I am not aware if such a judicial reference can be filed against, in the world of the writer an “ex-“ judge or not. However if it can not be, he can then file a ‘case” in court. In his case or reference he should raise the issue that conduct of Justice Baghwandas falls within misconduct of service as despite knowing the crisis in his Department he kept on doing “Hindh yatra” by prolonging his stay in India and did not come back soon” as is required in such circumstances from a senior executive. The writer if has any remotest love for the “motherland” would do a service to the motherland Pakistan, Pakistani nation and the Pakistani history by filing such a reference/case. This case/reference will expose many untold stories and in fact help the nation in getting a permanent peace in the country ensuring no dictator in future dares and no one shoulder a dictator.
Immediately after 09 March 2007 the cronies more particularly Wasiz Zafar, Sher Afghan and Mohammad Ali Durrani invented a new term that the Chief Justice was “non functioning”. In each TV talk they repeated this term and insisted on it. It was only when Advocate General Sindh next week stated in his opinion the Mr. Iftikhar Mohammad was still a Chief Justice that these cronies immediately took a twist that Chief Justice was on leave. Hamid Mir the popular anchorman in his Capital Talk in the background of growing criticism what was so haste in this action that instead of awaiting Rana Baghwandas to return back Justice Javed was made a Chief Justice when raised this question, the then law Minister Wasi Zafar stated that since Rana Baghwandas was on leave and keeping the seat vacant was no in the interest of running of the court hence Justice Javed was appointed as Acting Chief Justice. The word temporary/acting was used at this time the very first time. Mir Hamid asked a counter question as to why Rana Baghwandas was not called back on duty from his leave. If recording of that programme is replayed, Wasi Zafar is on record say Justice Rana Baghwandas has not left his contact during leave.
No government employee leaves station unless he provides his forwarding contact address even if he is a clerk. No fool can believe that Mr. Justice Baghwandas did not leave give his contact address in Indian during leave. Immediately 09 March 2007 the world knew the crisis in Pakistan and the reaction of the nation. TV channels world over were releasing updates. No fool can believe Mr. Justice Rana Baghwandas was not aware of this crisis in his organization. Mr. Justice Rana Baghwandas is known as a dedicated judge for his duties. In SHC there judges were very famous to hard long hour works namely Mr. Justice Zahid Aslam Nassar, Justice Qazi Mamoon and Justice Baghwandas. It can not even a second believed that Mr. Justice Rana Baghwandas could show any lethargy towards his duty by not realizing he being the next senior most how badly was needed back.
The Reference/Case filed by Munir Ahmed Baloch will solve all hidden mysteries as Rana Baghwandas in such case would answer (i) did he filled up his contact details in India while taking leave or not (ii) he himself took leave or someone suggested him (iii) did on learning about crisis he contacted back anybody in SC or not (iv) if he contacted then what and by whom what advice was given (v) he prolonged his stay himself or someone advised him to stay and not to contact back his office unless signaled. Come on Munir Ahmad Baloch – but for God sake do not use religion for the nefarious designs.