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| Zardari says he was never against Justice Iftikhar |
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Tuesday, March 17, 2009
By Hamid Mir
ISLAMABAD: President Asif Zardari says he was only waiting for the retirement of Justice Abdul Hameed Dogar before restoring Justice Iftikhar Muhammad Chaudhry as the chief justice.
The president told this scribe on Monday evening: “I never said that I am against Justice Iftikhar. I was only waiting for the retirement of Justice Abdul Hameed Dogar, who took oath as the chief justice in the Musharraf regime. Dogar will retire on March 21 and Iftikhar Muhammad Chaudhry will become the chief justice again in his place. I had made it clear on March 9, 2008 after signing the Murree Declaration that no sitting judge would be disturbed. I said it in the presence of Nawaz Sharif to the media and that was why I never disturbed Dogar.”
He said: “It was a small thing but this small thing exposed many big people.” Zardari was more concerned about some people from his own party who resigned from their ministries last week rather than his political brother Nawaz Sharif. He recited the verse of poet Khatir Ghaznawi: “Go zara si baat par barson kay yaraney gaey, Lekin itna to hua kuch log pehchaney gaey!”
President Zardari said a political crisis was over but Pakistan was still facing an economic crisis and terrorism. He is right. The political crisis is over but some big challenges are still there before the people of Pakistan. March 16 will always be remembered as the victory of justice in the history of Pakistan. This victory is a beginning of a new struggle, which will ultimately end with the implementation of the Charter of Democracy. Only implementation of this charter will provide an independent judiciary, strong parliament and a free media in Pakistan.
Today, every Pakistani is feeling proud of this victory and on restoration of the chief justice. This victory created a strong nation out of a weak state. Pakistanis are celebrating their victory like a festival.
Justice Iftikhar Chaudhry was twice removed in the last two years and he was twice restored. It’s a record in the world judicial and legal history. His first removal resulted in the launching of a movement for the independence of the judiciary, which was initiated by the lawyers, the media and the civil society. This movement was later joined by the political parties.
The PML-N of Nawaz Sharif promised to the people of Pakistan before the election 2008 that it will restore the deposed judges after coming into power. This party signed three written agreements with the Pakistan People’s Party for the restoration of the deposed judges but these agreements were not implemented. Finally, the PML-N left the coalition government in May 2008.
President Zardari avoided criticising the PML-N Quaid but said he had a difference of opinion with Nawaz Sharif only on the method, but not on the restoration. The PML-N never broke coalition in the Punjab province and tried to push the agenda for the restoration of judges slowly and gradually.
According to some analysts, President Zardari was afraid of Justice Iftikhar because he took suo motu action against the National Reconciliation Ordinance agreed between the PPP and Musharraf through which Zardari was given pardon in many corruption cases.
The PML-N had accused that Zardari used the judges appointed by the Musharraf regime to disqualify the Sharif brothers. These judges created a big crisis and governor’s rule was imposed in the Punjab. It is now expected after his restoration, Justice Iftikhar will not take up the NRO for avoiding another political crisis.
Nawaz Sharif has also assured Prime Minister Gilani that he will not demand to take up the NRO case again because he does not want to topple Zardari from the presidency. Nawaz reminded Gilani that the PPP promised the implementation of the CoD in the election manifesto of 2008 for which Gilani assured that “both of us will implement the CoD jointly”.
Lawyers’ leader Chaudhry Aitzaz Ahsan has already stated that Justice Iftikhar will avoid taking up the NRO. Others believe he will also not take any action against former president Pervez Musharraf, who detained him in his house for more than three months with his family.
Justice Iftikhar will not score any personal points against his enemies but he will not forget the missing persons’ case. The last hearing of this case was held on Nov 2, 2007 and after that he was removed. This case is a challenge for the credibility of Justice Iftikhar and he has to provide justice to hundreds of missing persons, who were picked up by the intelligence agencies without committing any crime. People of Pakistan expect that Justice Iftikhar will continue performing his duty to provide justice to voiceless and poor people who were his main source of strength during the two- year-old movement.
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ISSN 1563-9479 
