9th March 2008…the first anniversary of the lawyer’s movement…has changed the nation for ever…Let’s all give credit to men of honour like Aitzaz Ahsan to make all this possible..
“The lawyers’ movement has made vital contributions to our society, ranging from shaking up and organizing ordinary citizens in the form of non-partisan pressure groups to educating people regarding their constitutional rights. The most worthy contribution of the lawyers’ movement is this:** it has deconstructed the popular myth that as a people we have been rendered so soulless and hapless that we can never clutch the levers of change and make good things happen for ourselves.” **
“We are faced with a President who does not honour his words…has no respect for the law..The fact of the matter is that the president has shown a distinct lack of political skills and committed several errors of judgment… He allied with discredited politicians and, surprisingly, still likes to prop them up and seek their support when they themselves are looking for shelter… When the PPP and the PML-N won the elections he again blundered by not conceding defeat and acknowledging their victory… He should have risen above the political fray and ensure a smooth transition for his own safe future… Had he behaved in a fatherly, statesmanlike manner, even the new winners might not have liked an unnecessary confrontation with him… but he preferred to remain a commando and did not act like a politician, much less a statesman…”
http://thenews.jang.com.pk/daily_detail.asp?id=100183
The magic of the black coats
Legal eye
Saturday, March 08, 2008
Babar Sattar
The writer is a lawyer based in Islamabad. He is a Rhodes scholar and has an LL.M from Harvard Law School
The black coats of Pakistan deserve a heartfelt tribute on the anniversary of their epoch-making movement that has been enigmatic and inspirational for lawyers and rule-of-law proponents across the globe. They catalyzed a momentous change in the country and rejuvenated the consciousness and conscience of this nation at a time when hope was fast becoming extinct. The resilience of this struggle and the perseverance of lawyers in the face of acute financial hardship and state oppression – all for the sake of a principle as opposed to partisan benefits or personal gain – is mind-boggling indeed for those have a Machiavellian world-view. **For those who still believe in the goodness of human beings and their ability to stand up and fight for a worthy cause, the movement is not only understandable but the herald of a bright future for this vibrant nation. **
Explaining the movement’s kick-off is simple: the legal fraternity (just like the rest of the nation) was filled to the brim with anguish and despair over the compromised and selective enforcement of law in the country. The causes for despair also included the conflicted constitutional jurisprudence produced by the courts over the years to justify military coups and preserve the status quo. Our legal fraternity as a whole has always been critical of gibberish produced by apologist judges (such as the doctrine of necessity) to save their jobs. Not only because of lack of legal merit of such doctrines, but also because they have a trickle-down effect on the ordinary functioning of the courts.
Day in and day out lawyers are confronted with a brand of 'justice’ in routine legal matters that is outcome oriented and informed by factors other than dictates of justice and foundational principles of the law. The redeeming factor for a practicing litigator is that half the time one appears before a fair and independent judge, who gives you a patient hearing and decides the matter on merit (even if the decision goes against you). It is the interaction with this breed of judges, capable of applying their minds to serve justice and taking brave and unpopular positions against the state for the sake of the citizen, that makes the practice of law worth anyone’s while.
Unfortunately the integrity and independence of the judicial system grows incrementally. And every time we are nearing a stage that can possibly mark a relative emancipation of the judicature from the crutches of the executive, along comes a dictator who drags us back all the way by flushing out proponents of judicial propriety and independence. So when General Musharraf attempted to sack and humiliate Chief Justice Iftikhar Chaudhry on March 9, 2007, it pushed the swarming rage of the legal fraternity over the edge and into the street.
Our sordid history teaches us that the corrupt and the compliant never get fired. Thus, notwithstanding CJ Chaudhry’s prior popularity ratings with lawyers, the general’s attempt to dismiss him and his defiance in the face of all the force and intimidation used by the state transformed him overnight from a pillar of status quo to an agent of institutional change. Likewise since November 3, the general’s propaganda campaign focused on painting the deposed judges black for being erstwhile beneficiaries of the PCO has failed miserably. Even if the judges erred in the past, on November 3 they bravely took on the decadent forces of status quo. In listening to the voice of their conscience and breaking from the past, they added to the conviction of the legal fraternity and this nation that change is possible and justice is worth fighting for.
Negative campaigning is all about drawing a contrast between yourself and your opponents in a manner that makes you look good. But the Musharraf regime’s argument that deposed judges shouldn’t be supported as some of them swore an oath under the previous PCO in 2000 actually accentuates the feeling that principled individuals reject PCOs and those who abide by them are largely compromised. If one goes along with the logic of the general’s argument, its conclusion is that while all judges are evil, the post-November 3 judges are lesser so for being consistent in continuing to make unscrupulous compromises! In pointing out similarities between the past of the deposed judges and the PCO-ed judges, the Musharraf campaign has actually ended up highlighting the stark difference in their present.
By putting at stake their liberty and means of subsistence for the sake of principles the deposed judges have redeemed their past. While bungled political and constitutional history of the country and a compromised system of justice provided timber for the lawyers’ movement and the judges’ defiance added fuel to the fire, it was a handful of individuals who deserve major credit for harnessing the discontent and transforming it into a constructive movement for change. Just imagine the fate of this struggle had we been jinxed enough to have pygmies committed solely to maximizing personal gains giving direction to the lawyers’ movement – the likes of Sharifuddin Pirzada, Attorney General Malik Mohammed Qayyum (and other recent additions to the infamous list including Ahsan Bhoon for example).
**This movement would not have become a watershed episode had it not been for Aitzaz Ahsan, Munir Malik, Tariq Mehmood and Ali Ahmed Kurd. These individuals had faith in change, the conviction to pursue ideals realistically, and the courage to lead from the front and rubbish all attempts of the rulers to put a price tag on their integrity. The leadership of the lawyers’ movement has had the right mix of idealism and real-politik, legal acumen and oration, together with personal maturity and scandal-free past. How do you stigmatize Tariq Mehmood who resigned high judicial office when it threatened to compromise his integrity and independence? How do you tempt Aitzaz Ahsan to the dark side when he is someone who has grown in stature and respect beyond the point where political office can add to his size? **
If this movement has had its miracles, the foremost is that it found men of honour in the right place at the right time. But the lawyers’ movement could not have evolved into a citizen movement with broad appeal without the media endorsing, elucidating and romanticizing its founding principles: respect for rule of law, constitutionalism and institutional independence. While the state endeavoured to vitiate an independent judiciary and justify its abuse of authority, the media broke down for people the scheme of the constitution and how sophisticated legal concepts and ideals impact the everyday lives of citizens. When the lawyers went hungry in pursuit of hallowed principles, the media shared their sacrifices with the nation.
This movement wants our rulers to stick to the rules of the game as defined by the law and the constitution. And the idea resonates with the public. But who would have known had the media not communicated it to the masses in a form that is comprehensible? Also, along with the media, special credit is due to Nawaz Sharif and the PML-N for making restoration of judges the foremost electoral issue in the 2008 polls (which was not only the right position to take but also a prudent political strategy that has already paid its dividends).
The lawyers’ movement has made vital contributions to our society, ranging from shaking up and organizing ordinary citizens in the form of non-partisan pressure groups to educating people regarding their constitutional rights.** The most worthy contribution of the lawyers’ movement is this: it has deconstructed the popular myth that as a people we have been rendered so soulless and hapless that we can never clutch the levers of change and make good things happen for ourselves./b The unequivocal message of this movement is that not only are we a country that deserves supremacy of the law, but that we will have it no other way. The masses took their cue from the lawyers and shattered the other preposterous myth that with our levels of poverty, literacy and development we are neither ready for meaningful democracy nor capable of political accountability.
People have spoken and the ball now is in the court of politicians. They have been handed over an unmistakable mandate to restore judges, institute reform and affect change. And if they falter, they should bear in mind how unforgiving the masses can be to a ruling clique that ignores their will and attracts their ire.
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