Regarding NRO, ultimatum of biased Chief Justice of Pakistan to democratic government is getting over. The judiciary has a long history of approving and stamping one after the other all military rules valid under its famous theory of “doctrine of necessity” to suspend the whole constitution or part of it.
Unfortunately the current CJ is also among the beneficiaries of this controversial “doctrine of necessity”, when second PCO in the history of Pakistan was declared by General Pervez Musharraf on October 14, 1999. At the time of proclamation of PCO, the judiciary was not asked to take oath under PCO. On January 26, 2000 an order “Oath of Office (Judges) Order, 2000″ was issued that required that judiciary take oath of office under PCO and he was also among those who took oath to retain their offices and maintained tradition of status quo.
Then it was March 9, 2007, when the CJ was suspended by his master and same military dictator, whom he had given constitutional cover for ruling the country unconstitutionally. In this way, judicial activism incepted and lawyers, judges, civil society and political parties specially PPP played their active role for restoration of Iftikhar Muhammad Chaudhry and independence of judiciary and countrywide protests and rallies were carried out for that cause and it bore fruit and Chief Justice restored on July 20, 2007. At that time there were hearings of so many important cases like Steel Mill scandals and missing persons’ etc. underway.
Meanwhile, NRO was issued on October 5, 2007 by dictator Musharraf in the name of reconciliation and the CJ of Pakistan called that ordinance as contradictory to some articles of Constitution and legal proceedings were started against it on October 12, 2007. At the same time judiciary and military dictator’s clashes were on and in the consequences of that on November 3, 2007, military ruler sacked judiciary and emergency rule was imposed; lawyers, judges and political activists were arrested.
But there was a hope of reinstatement of judiciary emerged when democratic setup was put into place when Shaheed Mohtarma Benazir Bhutto gave her life for democracy; in return of that strong pressure of masses against military rule.
The democratic government restored judiciary and the CJP took his office back on March 20, 2009; and in this way great struggle for independent judiciary succeeded.
In November 2009, the government released the list of the beneficiaries of the National Reconciliation Ordinance on the directives of Prime Minister Yousuf Raza Gilani. The list included 8041 beneficiaries, most of which are bureaucrats, along with a handful of politicians.
According to then state minister for law Afzal Sindhu at a news conference, the ordinance affected 8041 people, including 34 politicians and three ambassadors. On December 16, 2009, the Supreme Court of Pakistan declared NRO unconstitutional. A 17- member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, declared the ordinance null and void. The court also said that all the cases disposed of because of the controversial ordinance now stand revived as of Oct 5, 2007, position.
The court opined that the NRO “seems to be against national interests thus it violates the provisions of the constitution.”
Western diplomats subsequently expressed concern that Pakistan could face further instability due to this ruling, especially if Mr Zardari’s political opponents try to remove him from office. Biased judiciary of Pakistan is playing criminal role against democracy and so far only single person that is the president has been targeted and remaining 8040 people are exempted from accountability. Is this not against national interests? Another important thing is that in the wake of this whole scenario current democratic setup is observing bad omens but good news is that international powers US, U.K and Pakistan’s time tested friends UAE and China have vowed to save this democratic system at any cost and these powers are actively engaged in winding up all pressures mounted against this democratic dispensation.
Swiss cases are no more issues, as Swiss attorney journal Daniel Zappeli clarified that Swiss courts cannot reopen the cases against President Zardari due to immunity he enjoys as president, the furore must be died down because international law also provides immunity to Mr Zardari as president of Pakistan. We have practical examples of France and Sudan regarding this. The French courts do not take action against Sarkozy for acts like his alleged involvement in the submarine scandal, allegedly done while he was not the president and the Sudanese president is not arrested anywhere around the world despite an International Criminal Court warrant due to his sovereign immunity, for violations he did while in office, as long as he is the president. President Zardari is the lawfully elected president and is as such immune from any legal action. While the biased CJ of Pakistan would love the dramatics of proceedings of cases of a serving president, such pleasure at the cost of virtual suspension of an article (248) in the Constitution would be a heavy price.
Mr. CJP, please stop your dirty business in the name of independent judiciary because your biased verdicts have put country’s existence at risk. My kind advice is to you is that you be the son of soil not the traitor.
Long Live Pakistan