Pakistan's top judge is suspended (Merged)

Trapped in a room and scared

Convicted before the trial..

http://nation.com.pk/daily/mar-2007/11/index8.php

CJ family’s ordeal in SMSs

IMAN HASAN
ISLAMABAD—”A lot of armed people are inside the house and we are restricted to one room,” said a text message sent by the frightened daughter of Chief Justice Iftikhar Muhammad Chaudhry to one of her friend on Friday evening.
The message was part of a sole communication link established secretly by the teenage daughter of the Chief Justice with one of her very close friend and a class fellow. This was the only link the whole family of seven had with the outer world.
The link could not be severed by the armed persons, who had taken over the house of the Chief Justice, cordoned off the entire neighbourhood and blocked all the landline and cell phone connections, as the Chief Justice’s daughter had managed to keep the cell phone hidden inside the room.
“We are restricted to one room,” another message sent at 8:00 pm on Friday night by her said. The teenager stayed in that room along with her parents, two other sisters and two brothers. The youngest of the brother, who is six years old, was totally freaked out because of the chaos that was unfolding around them.
Earlier, at around 3:00 pm she called her friend and told her to direct other friends not to call or SMS her. She didn’t give any details and told her friend that she will tell her the details later.
Later at 6:00 in the evening she called her friend again from a landline and told her, “My father has been told to leave the office and is now under house arrest.”
And the phone disconnected abruptly.
The friend of Chief Justice’s daughter was not sure whether the phone was snatched from her hand, she disconnected herself or the line dropped for technical reasons. The friend kept calling her back but all the phones were busy.
It was also learnt that a control room has been formed inside the house from where all the phones are being operated. “Either the phones don’t respond or somebody else picks up the phone,” the sources said. “The house is swarming with agency people,” the sources said.
By Saturday evening the family was allowed to move around the house, it was learnt.
It was learnt that on Friday the search was carried out for all the phones and the family was told to give in all their mobile phones. However, CJ’s daughter managed to hide her mobile phone from the intelligence agencies. But had not called her friend due to the fear of it being found out. She, rather, had been SMSing.
Although the house is crowded with the agency people but there is not a single female police officer to deal with the four females of the family. The family is follows traditional values and the women of the house cover their head.
“There are all strange armed men around the house,” another message said. All the servants including the cook and the personal driver were taken away. Another message said the milkman was also turned away

Re: Pakistan's top judge is suspended

^ According to the constitution of Pakistan anyone removing an elected govt. is held for treason as well. Any thoughts?

Re: Trapped in a room and scared

The goonda tatics of a dictator to silence those who dare probe the disappeared and govt corruption

Sadly with rulers like this, the nation is going nowhere

Re: Pakistan's top judge is suspended

oops, yet another inconvenient fact for the supporter's of the dictator!

Let the excuse's begin!

Re: Trapped in a room and scared

The kind of treatment given to this guy, you would think he and his family were involved in murdering people or passing on state secrets.

Waiting for the army apologists to chime in with their always hilarious excuses.

Re: Trapped in a room and scared

Shameful. Just shameful. The guy is the Chief Justice and should be allowed to face the allegations without fear or favour. These type of Gestapo tactics are aimed at breaking a man's will. At least they should let his wife and daughter free.

Re: Pakistan's top judge is suspended

You should get some tamgha for your glorious defense of Musharraf.

Re: Pakistan's top judge is suspended

What a twist in tale of Chief Justice, his reputation, his son and people on this forum.

CJ son was guilty and no proof against CJ, so one group on this forum wanted to give him benefit of doubt (innocent until proven guilty) and other still was accusing CJ with intention of accusing Musharraf that he appointed such CJ

Twist happened. CJ was accused by Naeem Bukhari so President suspended CJ and ordered enquiry.

All changed on the forum. The group that was giving benefit of doubt started saying that enquiry is a just thing to do (as serious accusation by Bukhari can only be proven by enquiry). But the group that was accusing CJ with intention of accusing Musharraf had a flip, because Musharraf suspended CJ and ordered enquiry. Now to them, after this accusation by Bukhari and order of President for enquiry, CJ became the most honest person in the world and enquiry became harassment from President.

What a twist.

Which group is right or wrong and how they think is obvious :) Look into the mirror and recognise your face. :)

Re: Pakistan's top judge is suspended

All that do not agree with President Musharraf decision please give your opinion and let your choice of action known. Please do not avoid the answer. I would love to know and hear the views :)

[Especially Ehsan. As for Khehkeshan, TRD and others, I doubt if they would give any sensible answer. But if they would like to give an answer, it would be appreciated :)]

Suppose you were President of Pakistan. Complain came to your notice that Chief Justice is abusing his power and not fit to be in office.

You are an honest person. What you would have done.

As for President Musharraf case, to me he had four choices and I believe that he went for the best choice (choice 4), but that is my opinion. You might think differently from me and maybe you could think of any other choice too, much better then me.

Here are four choices I believe Musharraf had:

Choice one: Ignore the whole matter. Throw the letter of Naeem Bukhari in bin and play golf. Accept that Pakistan is a corrupt country, abuse of power and nepotism is rampant in the country. If CJ has done nepotism and abused power, desire protocol treatment like a King, behaves a bit like Pharaoh and started thinking as if he is God, it is OK so leave him alone and let him do whatever he likes. Let him enjoy the power and do not think that such person in CJ office cannot do much good for the country. If CJ wants to rape someone, kill someone, take bribe, do nepotism, or do whatever, since he is CJ, he is above everything, he should be allowed, his son and other family members should be allowed to do whatever too. Hence play golf and have a nice sleep, why bother for the country and regarding what CJ does?

Choice two: Sack him. At the moment Musharraf has absolute power in Pakistan in every way and knows that no one in the country is strong enough to do anything to him. So, why take trouble. Sack the duffer and appoint someone else. People will shout for a while and all will be quite. Khas kam jahaan paak.

Choice three: Call CJ and clear the matter with him. If he could not clarify himself then let him stay in the office as CJ and meanwhile initiate enquiry on him by sending reference to supreme judicial council (SJC).

[This happens a lot in Pakistan where a police officer is accused and when enquiry is set up, he stays in power and in some cases does enquiry himself against himself. In almost all case, enquiry becomes futile exercise of time wasting and in hindsight, such enquiry is best not to get initiated anyhow. This is another way of going for choice one. If CJ stays in office, he leads the enquiry of the reference against himself too, as that what the constitution says is that CJ heads the enquiry tribunal of SJC. Such enquiry would be a farce. Now the person that is going to head the enquiry would be acting CJ as CJ is suspended and thus not active].

Choice four: Call CJ and clear the matter with him. If he could not clarify himself then suspend CJ, appoint acting CJ, and initiate enquiry on him by sending reference to the supreme judicial council (SJC). In this way, CJ cannot influence the reference and enquiry is done effectively. [The best to do regarding acting CJ is that, he is not the one that would become CJ if present CJ goes, as it would be Baghwan Das that might become new CJ if present CJ goes and it would not be Javed Iqbal (who is just an acting CJ). If SJC did not find CJ guilty of accusation obviously he would start exercising power as CJ, as even now he is CJ but suspended and that suspension would get lifted]

** President Musharraf went for choice four.** What would be your choice? Please select from any one of the above four or give me another choice that you think would be most appropriate?

Re: Pakistan's top judge is suspended

Stop worrying about twists and turns. The independence of our Supreme Court just got destroyed, worry about that. None of us really know if the CJ was guilty or not of the accusations against him and we will likely never know the whole truth. What we can reasonably assume is that the next CJ will be a rubber stamper.

Re: Pakistan's top judge is suspended

**Choice five: **Follow the law, whatever it may be! Do you not understand the importance of rule of law? Law should be same for a chaprasi to a supreme court judge.

Re: Pakistan's top judge is suspended

Show me a post by me where I have said the CJ is innocent. What I have criticised is the action of the president. You on the other hand are saying the president can do no wrong and defend him by quoting the constitution. The very same constitution which he didn't give two hoots about when he grabbed power. Selective quoting is very misleading.

I don't support a person just because I made money on the stock exchange because of him. I have only one party and the name of that party is Pakistan. When anyone acts against my party I am as hurt as you are by allegations against Musharraf. Pakistan matters more to me than Musharraf, obviously I can't say the same thing about others to whom the personality is more important than the country.

Naeem Bokhari suspended by Punjab Bar Council

This is strange to say the least. At least he still has a fall back career in TV.

http://dailytimes.com.pk/default.asp?page=2007\03\11\story_11-3-2007_pg1_2

PbBC cancels Bokhari’s licence

LAHORE: The Punjab Bar Council (PbBC) cancelled Advocate Naeem Bokhari’s practicing licence on Saturday and banned his entry to any bar association of the province for levelling allegations against suspended Chief Justice Iftikhar Muhammad Chaudhry. Naeem Bokhari, also a famous television personality, wrote an open letter to Justice Iftikhar Mohammad Chaudhry on February 17 accusing him of failing in his duties as chief justice of the Supreme Court. The letter, which was widely circulated in Punjab official and social circles, accused him of using his office to favour his son, of being excessively fond of protocol, and of being rude to lawyers. staff report

Re: Pakistan's top judge is suspended

By law, according to the article 209, clause 5 of the constitution of Pakistan, president should act if complain comes to President regarding judges of Supreme Court.

Information regarding the Supreme Court judge (as chief justice is also judge of Supreme Court) came to the notice of President, through the letter from Naeem Bukhari. President called CJ and could not get satisfied with his explanation (as he did not clarify himself to President). According to the constitution, that is the law of the land, investigation and enquiry starts if in opinion of President, he is not satisfied.

Here is the wording of the constitution of article 209, clause 5.

(5) If, on information [from any source, the Council or ...] the President is of the opinion that a Judge of the Supreme Court or of a High Court, **
** (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or **
(b) may have been guilty of misconduct, the President shall direct the Council to,** or the Council may, on its own motion,** inquire into the matter.**

One should see the clause 5 b. It is clear that if CJ is accused of misconduct and president thinks that the accusation has some substance, President should ask the SJC to start investigation.

[Word in constitution used is 'may have been guilty' that means, there is possibility, not certainity. Other word used is 'President shall direct the council to enquire', that means he has to, there is no choice to President that he does direct the SJC or leave it].

Ehsan: Bhai, I have never said that President cannot be wrong, neither my care for Musharraf is unconditional. If he does anything that I sincerely believe is wrong for Pakistan, I would dislike that as much as I dislike what others did to Pakistan. If Musharraf would start corruption and start stealing Pakistani wealth as NS and BB did, I would hate him as much as I hate them.

Only thing is that, as for who rules Pakistan, I do not care how they came to power, I only care what they do to the country. I am not leader conscious, democracy conscious, dictatorship conscious, politician conscious, military conscious, or whatever. I am just country conscious.

I am just saying that in this case regarding CJ, President is right. Nevertheless, Please make your choice and mention, thanks :)

Re: Pakistan’s top judge is suspended

And here is what the “unwashed masses” think of the decision. God forbid we listen to them.

http://dailytimes.com.pk/default.asp?page=2007\03\11\story_11-3-2007_pg7_30
Lahoris displeased with how chief justice was suspended

By Afnan Khan and Rana Kashif

LAHORE: People expressed shock over the removal of Justice Iftikhar Hussain Chaudhry as the Chief Justice of Pakistan.

Citizens from different walks of life were talking to Daily Times during a survey conducted in different markets and public places of the city on Saturday.

The people hailed the services of the chief justice saying it was a difficult job to think for people during a military regime.

A 45-year-old businessman, Shaharyar Kirmani, said that removal of the chief justice in such a disgraceful way was a slap on the face of democracy and rule of law. They said it was one of the worst abuses of power by a military dictator.

He added that the CJP had pro-public stance on the kite-flying issue. “He had also ordered to end the flow of spurious drugs and implement the anti-tobacco law,” Kirmani said.

He said that what justice could a commoner expect in a system where the highest judicial authority himself had been denied justice for taking up public issues.

Zubaida Paul, a 39-year-old housewife, said that the incident had tarnished the rule of law and a military dictator had proved that no one could expect law from an unconstitutional ruler. She said that Justice Iftikhar Hussain Chaudhry had engraved his name as a hero in the history of judiciary by taking up stand against the anti-women customs like karo-kari and vani.

She said that she had done MA/LLB and believed that Iftikhar Chaudhry was still the chief justice under the Article 209 of the Constitution of Pakistan. She said the incident had tarnished the judicial history of the country.

Mohammad Aftab, a shopkeeper, stated that President General Pervez Musharraf took the right decision by taking action against a higher authority, who was accused of corruption and misuse of power. He said that everyone must be accountable of his or her deeds.

A cloth merchant in the Ichhra market said that he had tried his best to get his son recruited in the government service as a clerk but did not do so as he could not fulfil the merit criteria. He said it was quite unjust for a higher authority to place his son in a civil services’ department.

Another shopkeeper, Rana Shahzad, asserted that the sacking of the CJP was shameful. He spoke of the grounds of the expulsion, and said the alleged choppers, jets or Mercedez Benz that the Justice had obtained were nothing extra-ordinary for someone of such high status, and not worth throwing someone out over.

A 36-years-old doctor, Shahida Ikram said, that the removal of chief justice indicated that Musharraf was trying to prolong his regime indefinitely. She said that though the people disliked the act but they were simply “powerful enough to shed crocodile’s tears for a few days and keep mum forever.”

She said that the chief justice had pro-public stances over incidents like the privatisation of Pakistan Steel Mills, warning to the government to stop killings due to the basant celebrations, and demanded that the government recover information regarding missing people.

He said that if that was the criteria of judging the corruption then every politician and higher official could be suspended on such allegations. He said that the portfolio of a Chief Justice was quite a high calibre job and he also needed security and protocol, which most of the common ministers always enjoyed and wanted. Another housewife, Shaista Salman, was of the view that Naeem Bukhari had played a notorious rule by becoming part of the conspiracy. She further said that she used to take Bukhari as an honest anchorperson and a good lawyer but could not imagine that one day he would play into the establishment like that. She said that the allegations could be levelled many months earlier but could not understand why Bukhari realised that he should write such a letter right ahead of the upcoming general polls.

A 55-years-old retired public servant, Mirzal Mahmood Aslam, stated that the removal of the chief justice was to get rid of the ‘unreliable’ people who could create hindrance in the way of General Musharraf’s adventures with the constitution of the country and the judicial system ahead of the announced general elections.

He said that the campaign would continue further and those who stood in the way of restoring so-called democracy would face the same fate. A 68-years-old retired professor, Dilawar Malik, said that the incident had proved that things were never going to change in the country and we would have to continue our endeavours to hide our history from the next generation due to its clumsiness and notoriety.

A 33-years-old artist named Naved Alam said that the incident was a clear warning to those who wanted to bring change in the country. He said that it might be written in this country’s fate to remain the centre of controversies and shelter for dictators.

http://dailytimes.com.pk/default.asp?page=2007\03\11\story_11-3-2007_pg7_10
Overwhelming majority against ‘sacking’ of CJP

PESHAWAR: ‘Overwhelming’ public opinion is in favour of suspended chief justice of Pakistan and 95 percent of people, including traders, students, farmers, retired army men, public transporters, doctors and teachers, have condemned his sacking. According to the results of a survey conducted by Daily Times in Peshawar city to gauge public opinion over President Pervez Musharraf’s decision to remove Justice Iftikhar Muhammad Chaudhry from the post of chief justice of Pakistan, 95 percent people disapproved of the action, terming it “illegal”. From the remaining five percent, two percent, mostly labourers, expressed ignorance about the new development and three percent said that it was a legal issue and they were not ‘qualified’ for commenting over it. A majority of the people also didnot believe the reason - abuse of power - forwarded by the government for suspension of the chief justice and thought that the real reasons were the cancellation of Pakistan Steel Mills privatisation and the ban on Basant festival. When contacted, Saddar Bazzar Traders Union President Haji Shaukat Shah said, “It is known to everyone that the chief justice is facing the consequences of not complying with orders of President Musharraf and Prime Minister Shaukat Aziz.” “If government ministers can get luxury cars and SUVs for their own use, the judges also have a right to use these vehicles,” Shah said. A retired army officer, on condition of anonymity, said, “The general (President Musharraf) wants a Yes man and the chief justice was not of that sort,” he said, adding that he was being penalised for being honest. Saeed Gul, a Peshawar Law College student, said that the president’s action had no legality, as “the Constitution’s Article 209 does not permit him to suspend chief justice of Pakistan”. “It is a condemnable act,” he said. A number of other law college students expressed strong resentments over the suspension of the chief justice. A farmer, Ali Muhammad, from Pishtakhara village said, “Such an action against an honest judge is really condemnable”. Khan Wali, a taxi driver in Saddar Bazaar, said that Justice Chaudhry was a “bold and honest man” as he had read about a number of his bold decision in the newspaper. “Justice Iftikhar Chaudhry restored people’s confidence in the judiciary,” he said. akhtar amin

http://dailytimes.com.pk/default.asp?page=2007\03\11\story_11-3-2007_pg7_9
People reject suspension

By Irfan Ghauri and Shahzad Malik

ISLAMABAD: An overwhelming majority of public on Saturday showed their resentment towards the filing of a reference against Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, saying that the action was based on “mala fide” intentions.

According to the results of a survey conducted by Daily Times in the city, majority of the people also wanted accountability of top government leaders, cabinet members and military officials. People contacted in the survey included businessmen, students, vendors, teachers, policemen and housewives and among them, only a small group supported the action, while others said that they were unaware of the action.

Safdar Mir, a businessman, said, “A general has no authority to summon a chief justice and to keep him in custody for six hours. There is no such precedent anywhere in the civilised world.” Referring to the charges against Justice Chaudhry, he said that they were “baseless”. “Who is not using protocol? Even a senior superintendent of police (SSP) keeps several official vehicles for his personnel use. I can show you six official cars that are in the use of a secretary-level bureaucrat.”

Imran Malik, a banker, said, “Why does our prime minister, who recommended action against Justice Chaudhry, not take any action against his cabinet members for their involvement in corruption?” He said that the move was meant for postponing the elections. “Many important cases are pending with the apex court and bold decisions were expected in the coming few weeks. How could a general tolerate stern action against secret agencies in the expected SC verdict on missing persons’ case?” he asked.

Malik appreciated the Supreme Court’s decision in the steel mills privatisation case, the ban on kite flying and summoning police and bureaucracy in suo moto actions taken by the chief justice. He said that the people held Justice Chaudhry in high esteem due to his public interest verdicts. Shaukat Abbasi, a restaurant worker, said that the real issues facing the people were price-hikes and lawlessness and not the action against Justice Chaudhry.

His fellow waiter, Saleem said, “Most people here in our restaurant say it was a wrong decision. Judiciary should be independent. I earlier read in a newspaper that the chief justice had fined the NWFP government for not granting admission to the son of a watchman who deserved it on merit.”

Ali Imran, a salesman, said, “Who has given a general the authority to sack a chief justice? He summoned the chief justice and held him under house arrest. He was not allowed to hire a lawyer?”

Mohsin Bashir, a chemist, said: “If he (Justice Chaudhry) was not corrupt, he should return. I am not sure if the allegations were right or not, but if he was honest it (his suspension) is unjustified.”

Samiullah, a vender, said that he was unaware of the issue and was only concerned about earning his living. Nasir Ahmed, a taxi driver, said that he did not know anything about the chief justice or his personal conduct, so it will be unfair for him to give any statement. However, he supported the military government saying, “At least the military governments survive for a few years as opposed to civilian governments”.

Muhammad Raza Khan, a photocopier operator, said that the news had “shocked” him, as Justice Chaudhry’s decisions were in “public interest” and he was popular.

Bushra Hameed and Noshaba, two business administration students, said that the chief justice should have been given a “fair chance” to explain his position.

Atif Rasheed, another student, said, “If the action was according to the constitution, it is right, otherwise not. But first of all, charges against the chief justice should have been proved before suspending him.”

Muhammad Usman, a university student, said, “Are the president and the prime minister not misusing their authority? At least 30 Islamabad police’s cars are used for their protocol?” Some other students: Asad Abbass, Adnan, Shazia, Fawad, Umbrene, Sana and Fatima, also expressed similar views.

Mumtaz Begum, Mehwish Saeed, Samina Khalid, Wafa Sadiq, who are housewives, opposed the move and said that their sympathies were with Justice Chaudhry.

Qazi Younas, the member of a reconciliatory committee, said that he supported the government’s decision, stating the president had the authority to carry out any such action.

Re: Pakistan's top judge is suspended


So in your mind "inquire into the matter" means suspension and house arrest of CJ and his family?

Re: Pakistan’s top judge is suspended

Sa1eem,

Can you also do the four options for the PSM, Cement, Murree development, KSE and Disappearances scams and highlight what options Gen sahib has chosen in each of the above?

We are to believe that a General who tolerates such non-corrupt farishtay as Faisal Saleh Hayat, Rao Sikandar Iqbal, Wasi Zafar and others in his cabinet got so concerned by unproven allegations against CJP that he could not even wait until the next in line could get back to Islamabad from a neighbouring country? :hehe:

Re: Pakistan's top judge is suspended

Khehkeshan

Well, I don’t think that CJ is under house arrest but if he is, it is possible that that may have happened so that he could not influence the enquiry.

JaanBazz:

President office is supervisory office. If anyone has proof of misdeed by a minister, they write to prime minister or go to court and it becomes duty of court to see if misdeeds did not happen (but that can happen if CJ is a straight person himself). Court can undo that misdeed.

Musharraf has given that freedom to judiciary that they could do that and they did in Steel mill case. Something that was unimaginable in past (before Musharraf) that court interferes with executive decisions, rather undo all what executive branch of country has done (that is, cancel the whole sale deal).

Nevertheless, if President is informed of any misdeeds by ministers, he can only discuss that with prime minister and if nothing is coming out of that, he could suspend or dissolve the parliament.

Re: Pakistan's top judge is suspended

Informed? Heck half his cabinet has NAB files thicker than the waist of Maulana Fazlur Rehman! All Musharraf needs to do is read the files.

I repeat. Can you list out the four choices for any of the aforementioned scams and highlight what Musharraf chose?

Re: Pakistan's top judge is suspended

Hahaha, you do not "think" he is under house arrest? Read all the newspapers and start "thinking". Will Musharraf also be put under house arrest in order to not influence the inquiry? Musharraf's action is illegal.