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Iftikhar Chaudhry: The Chief of Injustice – by Kumail Ahmed

Cross-posted from Kumail Ahmed’s blog

Iftikhar Chaudhry has distorted the very concept of democracy by ousting a prime minister from his office. This is similar to what armed forces do when they bring in a coup.

If an intellectually weak person is given unrestricted power, he or she can wreak havoc of the whole system. If a criminal’s crimes are forgotten, and an assumption is made that he’ll never repeat his old crimes, such an assumption is naive. Furthermore, it’s more naive to believe that a person, who came into power on army’s and (Punjabi) establishment’s payroll, will execute justice without prejudice.

Iftikhar Chaudhry in his three and a half year tenure has proved that he is incapable of understanding democracy, justice, and rule of law.

He made a mockery of justice when he started taking Suo Motto notices on petty issue. Self-motivated legal actions were taken on issues like a woman secretly possessing alcohol and I.G traffic was called into the court because of traffic problems in Islamabad. He made a mockery of justice by addressing corruption allegation which were against PPP, while the Punjabi PML(N) was never questioned. The Chief Justice never took a Suo Motto on Shareef’s six billion rupees corruption, he never asked about the “Qarz utaro Mulk Sawaro” money which was collected by PM Shareef during his second tenure.

Iftikhar Chaudhry also sidelined the Mehran bank scandal because it was a shame for the Army and as well as PML(N). The case pertaining to his corrupt son is now hanging in NAB. Nobody dares to speak against him. The chief justice made a mockery of justice when they only took action against Wahida Shah, while the election commission was never asked about their irresponsibility.

As far as democracy is concerned, The Chief Justice of Injustice has no knowledge as to what democracy is all about. I guess he is also one of those ‘Jali degree wala judge’ (judge with a false degree), having no knowledge regarding the constitutional hierarchy of power. Fortunately, it’s never late to know the truth. Please learn something from your counterpart in India. Here is an apt advice from Justice Markandey Katju regarding the unconstitutional behaviour of the Supreme Court:
“……I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President.
Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court.
I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence.”
Iftikhar Chaudhry has distorted the very concept of democracy by ousting a prime minister from his office. This is similar to what armed forces do when they bring in a coup. A democratically elected prime minister can only be removed through the parliament. The prime minister epitomizes the will of the people, this ‘will’ can only be nullified through the same office that bestows him this power.

Moreover, Iftikhar Chaudhry’s recent decision of nullifying a law passed by the parliament is incomprehensible in any parliamentary democracy. Parliament has the power to call a male, a female and vice versa. Parliament defines the will of the people, it has the power to make laws and abrogate them.

If he wants to become the Ameer-ul-Momineen, who makes all decision by himself, he should leave his office and start a revolution.

It should be noted that there is nothing such a “good laws” or “bad laws”. It is the people’s majority that gives the parliament the power to make new laws. When laws fulfil their purpose, they automatically go into oblivion. Iftikhar Chaudhry must understand that he’s just an individual; he has no authority to nullify the consent of the majority. I’ll suggest him to read an Idiot’s guide to Democracy.

Rule of Law appears to be a factitious idea in our contemporary Supreme Court. The chief justice’s son case is in NAB, while a true Pakistani like Hussain Haqqani is tagged as a traitor. Nawaz Shareef’s corruption cases are sidelined, while Chaudhry tries to dysfunction PPP’s government everyday.

All in all, Iftikhar Chaudhry has lost all moral grounds to remain Pakistan’s chief justice. The sooner he leaves the office, the better for the state.

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Mohammad

9 Comments

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  • “Iftikhar Chaudhry has distorted the very concept of democracy by ousting a prime minister from his office. This is similar to what armed forces do when they bring in a coup.”

    Great Said Kumail Sb

    We all need to spread such thoughts

  • “All in all, Iftikhar Chaudhry has lost all moral grounds to remain Pakistan’s chief justice. The sooner he leaves the office, the better for the state.”

    Well written Kumail Sb…….

    We need to realize what this dumb and deaf CJ is doing with our beloved Country……God protect this country from “the Dajjal of Pakistan”

  • Excellent Analysis by Author I 200% agreed and there is no doubt that present CJ Iftikhar Chaudhary has become controversial and biased

  • Hats off for your analysis Mr Kumail Ahmed and good title you have given for this Article : )

  • What is the solution then? How can one (legally) get rid of a Chief Justice? Contempt of Court? Contempt of Parliament?

  • In the present Sup.Court, the only PCO judge,having given legal cover to the Gen. Musharraf’s kicking out of power NS, the PM of the country, in the person of Iftikhar Chaudhary, is behaving like an absolute CJ more interested in petty issues to play for galleries and claims to have restored the basic human rights of all Pakistanis. But it is a white lie.The Ahmadis are still denied their basic fundamental human rights. They can not name their religion nor practice it or preach it to the interested ones. And the most unacceptable point is that as long as 2nd Amendment in the original 1973 constitution is not undone, through Suo Motto order by the SC, no one can claim to have restored the basic human rights of all Pakistanis. All citizens must be treated as equal under the law of the land and all must nave the feelings of safe and secured life with all basic human rights fully defended. Even in the Joint Electorate system of General Elections, Ahmadis are not being allowed to use their vote with the rest of the electorate. They are still being discriminated even under the joint electorate voting system. Let us hope that the new Chief Election Commissioner will undo this gross injustice being committed since ZA Bhutto made Ahmadis as non-Muslim through 2nd Constitutional Amendment in Nov. 1974. Unless this is done, no one should claim to have restored the basic human rights of all Pakistanis as equal citizens.

  • “If an intellectually weak person is given unrestricted power, he or she can wreak havoc of the whole system. If a criminal’s crimes are forgotten, and an assumption is made that he’ll never repeat his old crimes, such an assumption is naive”
    Doesn’t this apply to Mr. Zardari

  • The important thing to understand the events unfolding in Pakistan is that the “End Game” begun on 27th December 2007, the day when BB was killed. The era of “exposure” of the true faces of “persons”, “political parties” “state institutions of Pakistan – Parliament, Judiciary, Executive and Media – and also “Zia’s Islam” which had entrenched into the Pakistani Mindset, including the so called liberals, the socialist and the conservatives. This era exposed the “hypocracy” in the very rank and file of the Pakistani Society and the bankcrupcy of morality, whether Islamic or any other. A complete collapse of a social order.

    The last institution on which the Pakistanis wants to pin their hopes to is the Judiciary headed by Chief Justice Iftikhar, backed by the lawyer’s community. This last “god” had to be shattered. Only that will complete the process of “Exposure”.

    This article is one of the many.

    Beyond that, beyond 2012, is the “beginning of the restructuring of Pakistani Society” without swinging too much left or right-a balance.

    This “Ahmadi Issue” which has been raised here as well, is of course at the root of all the problems, but to expect changes will be brought about within the present set up is quite illogical and un reasonable.

    The whole structure need to be overturned, whether through ballet or bullet, the 1973 constituion will be re written, that is the way.

    The Mullah mindset needs to be countered with logic and reason. And if that does not work then harsher methods would become the order of the day.

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