Remembering a black day

March 9, 2007 was, undoubtedly, a tragic day in our history. The Chief Justice of Pakistan (CJP) was barred from performing his duties, as a reference was filed against him under Article 209 of the constitution in a brutal show of power by a man in uniform who believed that he had an inherent right to rule this country.

What happened on that sad day is documented in Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v President of Pakistan PLD 2010 SC 61. This is an important judgement, which has not been publicised the way it should have been for the people to understand the nature of the well-planned conspiracy. The target was not the CJP alone but the entire nation. It was more than an attempt to suppress the judiciary; it was a quest to rule the country undemocratically.

The unanimous declaration – on July 20, 2007 and by a full bench of the apex court – that the dictator acted unlawfully in making the CJP non-functional was the starting point of Musharraf’s downfall. Even his extra-constitutional acts of November 3, 2007 could not save the mighty general. For the first time in Pakistan, these powers suffered a humiliating defeat. Now, though, there is a continuous campaign in the media to convince the people that democracy and civilian rule are worthless in Pakistan. Unfortunately, our elected representatives are also playing an active role in proving them right by their incompetence and corruption.

The struggle of the lawyers’ community – supported by political parties, the media, members of civil society and, above all, the common people of Pakistan – from March 9, 2007 to July 20, 2007 is a landmark movement in our history. The restoration of the CJP was the first step towards the revival of democratic civilian rule and the independence of the judiciary in Pakistan. The people’s power was overwhelming. It was due to the masses of Pakistan that the periods from March 9, 2007 to July 20, 2007, from November 3, 2007 to March 16, 2009 and from March 9, 2009 to July 31, 2009 became milestones for blocking any future military takeover.

The second restoration of the CJP on March 22, 2009 was not the triumph of an individual but a victory of democratic forces. It paved the way for the revival of democracy and the independence of the judiciary. On July 31, 2009, a categorical ruling was given against the unconstitutional acts of Musharraf and action was taken against all judges who took their oaths under the Provisional Constitutional Order (PCO) of November 3, 2007.

Unfortunately, the media soon started eulogising the generals again, rather than pleading for the promotion of democracy, which is essential for the country’s future and prosperity. The enemies of democracy want to divide the people and create confusion to discredit the rule of the people. We should evolve a national consensus on the importance of constitutional rule and an independent judiciary. The need of the hour is to ensure the continuity of the democratically elected government and to preserve an independent judiciary.

We, as a nation, must analyse the causes behind the chaotic situation of our country. We must expose the forces that facilitate terrorism and incidents of sectarian violence. It is time we all worked for a democratic and responsible government, which is not possible without a free and independent judiciary. The political turmoil and unrest in Karachi and elsewhere is the direct result of undemocratic attitudes and lack of justice.

In any society, the dispensation of justice should be the top priority because without it, a representative democracy cannot be established. A society without a trustworthy and expedient judicial system cannot prosper. Administration and the dispensation of justice in Pakistan need serious attention. People were optimistic that the higher judiciary would deliver after its restitution, but it showed more interest in wielding its power (a case in point is the absolute monopoly over the appointment of judges).

The justice system is not protecting the rights of the masses. The lower judiciary is in a shambles because fundamental reforms have not been done. In the wake of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v President of Pakistan PLD 2010 SC 61 and Dr Mobashir Hassan & Others v Federation of Pakistan & Others PLD 2010 SC 1, there was hope for respect of rule of law. But that hope has been extinguished now, as the state institutions are busy fighting each other for their own interests.

Both parliament and the judiciary have failed to consolidate the democratic dispensation. The executive, as usual, is adding to the problems of the common people rather than solving them.

The writer is an advocate of the Supreme Court at LUMS.

Email: ikram@huzaimaikram.com

Twitter: @drikramulhaq