I don’t want to ruin the party here, but here are some of the reasons why I have problem with reinstating Iftikhar Muhammad Chaudhry as CJ of Pakistan.
As a CJ of Pakistan, can he really be neutral again when cases related to some of the people who helped him…will no doubt come before his court in future?
Can he be fair in such cases & deliver justice w/o biases against anyone?
He also took oath on PCO & took over the SC as CJ & upheld Mushrraf’s 1st PCO. Does that not bring up the question of his integrity?
We should also remember what NS did to SAJ & how he engineered coup in court & got rid of then CJ using ISI other agencies( now he has become big fan of independent judiciary?). His motives are questionable at best.
Individuals do not make institutions independent. If we truly want independent judicial system free of political influence than appointment of judges & their removal must be taking out of hands of politicians.
Finally, let me say this. Iftikhar Muhammad Chaudhry stood up to be counted when it mattered. He is 1st judge who said no to military a dictator where many others like him buckled under pressure and gave in. For that he deserves credit & if he is really selfless man he should setup foundation of free judicial system in the country and go.
Re: Why I have problem with reinstating CJ Iftikhar Chaudhry
It wasn't about CJ Iftikhar. It was about reverting unconstitutional orders of a military dictator. It would be a deterrent for generals in the future thinking about conquering Pakistan again.
I also believe that he should not hear cases where he himself is involved. But at that same time, he is a symbol that Constitution of Pakistan is not there to be mutilated and molested by generals again and again.
1) As a CJ of Pakistan, can he really be neutral again when cases related to some of the people who helped him...will no doubt come before his court in future?
This would be a real test for him. It's definitely not going to be easy for him to perform as per the very high expectations that the people (supporters and critics) have of him. In any case, he would be a lot better than Dogar.
The point for his restoration is the reversal of his illegal sacking by Musharraf. In whatever way this has been done, this is the first step.
2) Can he be fair in such cases & deliver justice w/o biases against anyone?
Same as no.1
3) He also took oath on PCO & took over the SC as CJ & upheld Mushrraf's 1st PCO. Does that not bring up the question of his integrity?
It did bring up this question before 9 March 2007/3 November 2007. Taking a stand against Musharraf and not taking an oath under the PCO the second time, he proved his acceptance of the fact that his action the first time around was wrong. His integarity stands restored.
4) We should also remember what NS did to SAJ & how he engineered coup in court & got rid of then CJ using ISI other agencies( now he has become big fan of independent judiciary?). His motives are questionable at best.
NS is a politician whose track record does not lead one to believe that his support to the lawyers movement is solely for the purpose of restoration of judiciary, like Imran Khan and Qazi Hussain.
Why are you against Chief's re-instatement because you doubt NS's motives?
5) Individuals do not make institutions independent. If we truly want independent judicial system free of political influence than appointment of judges & their removal must be taking out of hands of politicians.
True. Chief's reinstatement alone would not make judiciary independent. This however, is the first step. Procedures for making the judiciary independent laid down in the Charter of Democracy,if implemented, should lead us towards indepedent judiciary.
Re: Why I have problem with reinstating CJ Iftikhar Chaudhry
Those who supported him i.e. the Lawyers movement namely Aitzaz, Kurd and others never appeared before his court when he was reinstated in July till Nov when he was removed again. They have said the same thing again that they will not appear before him
I agree there is an enormous level of expectation from him.
It wasn't about CJ Iftikhar. It was about reverting unconstitutional orders of a military dictator. It would be a deterrent for generals in the future thinking about conquering Pakistan again.
Unless Mushrraf is put on trial & hanged this means nothing.
Unless Mushrraf is put on trial & hanged this means nothing.
Well that's not going to happen. By being appointed 'after' CJ Dogar retires, Iftikhar Chaudhary has quite rightly accepted that everything that has gone before is indeed legal. The wording of the speech and the manner of appointment of Iftikhar Chaudhary after CJ Dogar retires is very important. Samajhnay walay Samajhjaingay. :)
Re: Why I have problem with reinstating CJ Iftikhar Chaudhry
You can be sure of one thing. If Ifiti angers the current COAS, you can bet Kayani will not treat him with kids gloves like Musharraf did - Ifti will simply be taken out back and shot.
Unless Mushrraf is put on trial & hanged this means nothing.
If you think Musharaf should be hanged , then surely there is no justification in th world that Zardari and alot of other corruprt politicians should immediately be hanged .. they have brought much worse harm to the country then musharraf.
Re: Why I have problem with reinstating CJ Iftikhar Chaudhry
I agree with Shamraz, After all this drama they put up and didn't care abt the image of Pakistan or Pakistan and it;s people, I don't feel happy at all. It was never a war for justice they made it like personal wars! If he was so loyal to Pakistan, he should have gone back before putting Pakistan at stake!
It can be totally understood very easily how frustrated musharraf supporters would be, today. So yes you can go ahead and talk about civil war, bombing, CJ being shot dead or wutever you can...
I think all the justice supporters should let you do that today!
You can be sure of one thing. If Ifiti angers the current COAS, you can bet Kayani will not treat him with kids gloves like Musharraf did - Ifti will simply be taken out back and shot.
You can be sure of one thing. If Ifiti angers the current COAS, you can bet Kayani will not treat him with kids gloves like Musharraf did - Ifti will simply be taken out back and shot.
I doubt that because if Kayani was of that kind then he'd simply overthrown current govt and taken charge of the current considering the chaos we had.
Re: Why I have problem with reinstating CJ Iftikhar Chaudhry
Kayani has handled the situation superbly while maintaining neutrality throughout. The scenario developing was that of COAS taking over the nation, but the situation was diverted and politicians made to set aside their differences.
I doubt that because if Kayani was of that kind then he'd simply overthrown current govt and taken charge of the current considering the chaos we had.
Well, I hope CJ Ifti does not think like that when he tries to summon Kayani or Shuja Pasha over missing persons cases. They've seen what being a little lenient like Musharraf can do, they will not repeat that mistake again. In the end of the day, their army mentality is still ingrained in them.
