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Dear Supreme Court, Let’s go back to March 2007


“no rebutting of charges, allegations to be considered correct” – Let’s go back to March 2007

The Supreme Court of Pakistan under the leadership of Iftikhar Muhammad Chaudhry commenced proceedings in the “memogate” case on December 19, 2011. Heading a 9 member bench, Iftikhar Muhammad Chaudhry commented that as the President (who is a respondent in the case) has not submitted a response to the court rebutting the charges being pressed against him, therefore, the silence to these allegations can be considered as acceptance of the allegations. What an excellent logic our one-eyed monster has given. Let us go back to February 2007, when a lawyer by the name of Naeem Bukhari wrote an open letter to Iftikhar Muhammad Chaudhry.

Without going into details of the open letter which Naeem Bukhari wrote to him, let us agree that those were serious allegations directly addressed to the holder of the highest judicial office in Pakistan. Pakistan’s then President, Pervez Musharraf suspended Iftikhar Muhammad Chaudhry on misconduct and sent a reference to the Supreme Judicial Council, which to date remains unheard. Using the same logic which Iftikhar Muhammad Chaudhry gave on December 19, 2011, then we should also assume that the allegations against Iftikhar Muhammad Chaudhry are correct.

Going through the comments that have been attributed to the judges who are part of the Supreme Court bench hearing the “memogate” is an interesting read. Most interesting is that of Justice Jawwad S. Khawaja. As reported in the Express Tribune and Dawn, he said that judges of the Supreme Court came under the public domain and, therefore, subject to public criticism because they were the paid servants of people, and not rulers. This goes to show that the Supreme Court is going to go the route of “popular support” than the route of justice.

Some judges even speculated that a blueprint of a new national security team is already in existence. It was only Justice Saqib Nisar, who we all rue is not the CJ of Lahore High Court said something which has some value. He observed that the memo did not seem to have any connection with Husain Haqqani. It might be the interpretation of some people who are tipped to become members of the national security.

It is also in worth noting that till now DG ISI has not rebutted allegations that he went to Arab countries seeking approval for a possible change in government. Using the same logic, allegations against DG ISI are correct too.

As a number of former supporters of the CJ restoration say, “Those who sit in glass houses, shouldn’t cast stones”

Text of Naeem Bukhari’s letter to CJ in 2007
Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan

My Lord:

I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate enrolled in the apex Court since 1984 and in the High Courts since 1972; as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench; and as a stake-holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.

Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the Court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.

I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman, Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief Justice Mohammad Haleem and how the Court functioned under them in the 1970s/1980s.

I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan, Muhammad Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the Court.

I was appalled at the manner in which Chief Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz Ahmad, when he was the Chief Justice.

I was horrified by the establishment of a Bench of five judges constituted by Chief Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General of Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.

I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you.

Alas this has not come about.

I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the Supreme Court and hooters, police escort, flags is just fluff, not the substance of an office).

I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of a Mercedes-Benz car or is it cars, the use of the Government of the Punjab’s airplane to offer Fateha in Multan, to Sheikhupura for Fateha on a Government of the Punjab helicopter, to Hyderabad on a Government of the Sind’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.

I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is a case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau (NAB).

My grievances and protests are different.

I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.

I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.

In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr. Sher Afghan Niazi.

On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.

If Mr. Khalid Anwar, a former Minister of Law and Parliamentary Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this manner, the fate of lesser known lawyers would certainly be far worse.

My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.

My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is dismissed”.

Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the Constitution commands to be inviolable, we suffer discrimination in your Court.

I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”.

The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.

I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”.

My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.

My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.

I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.

My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.

Yours faithfully,

NAEEM BOKHARI
Advocate
Supreme Court of
Pakistan
Islamabad, Pakistan

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Ahmed Iqbalabadi

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