GEO Pakistan
Updated at: 0548 PST, Monday, March 16, 2009

Justice Iftikhar Chaudhry restored as Chief Justice of Pakistan

ISLAMABAD: In a historic address to the nation, Prime Minister Syed Yousuf Raza Gilani announced on Monday to restore the deposed Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry.

The prime minister also pledged that the government would steer the country out of the numerous domestic and international challenges facing it. The prime minister said that after consultations with all political forces of the country and President Asif Ali Zardari, the government has decided to restore all deposed judges including Justice Iftikahr Muhammad Chaudhry as Chief Justice of Pakistan who will assume charge on March 21. The current Chef Justice Abdul Hameed Dogar retires on March 21.

"I announce today that Iftikhar Chaudhry and all other deposed judges will be reinstated from March 21," he said in his televised address to the nation.

The current supreme court chief justice will retire on that date, allowing Chaudhry to take over, the premier said. He said that a notification for the reinstatement of the deposed chief justice would also be issued. The prime minister urged all the political forces and lawyers to work for the solidarity and welfare of the country.

Gilani said the country is standing at a critical moment. He said that no country could make progress without political tolerance and co-existence.

Speaking about the struggle for the independence of judiciary, the PM said that the lawyers and the PPP had been together for the cause of justice and democracy.

He said that Shaheed Mohtrama Benazir Bhutto actively participated in the lawyers struggle for the restoration of deposed judges. “Benazir Bhutto wanted free judiciary and supremacy of the constitution and she had promised for his restoration. PPP respects the educated segment of the society”, Gilani added.

Gilani said the federal government would file a review petition against the disqualification of the Sharif brothers. “I invite Sharif brothers to come forward to work together in the light of the Charter of democracy”.

Iftikhar Muhammad Chaudhry (Urdu: افتخار محمد چودھری) (born 12 December 1948 in Quetta) is the 20th Chief Justice of Pakistan. His supporters always insisted that he was the de jure Chief Justice, but after an epic struggle pro-rule of law forces were able to restore him to his position after Dogar had occupied the post for since Nov 2007. He was appointed as Chief Justice by Pakistani President Gen. Pervez Musharraf on May 7, 2005.[1] He was "suspended" by President General Musharraf on March 9, 2007, when he refused to oblige Musharraf by refusing to resign but was reinstated by an order of the Supreme Court on July 20, 2007. This was the first recorded case of such suspension in the history of Pakistan.

After having been elected as President for second term by the elected Parliament, Musharraf in November 2007 pre-empted an impending court decision against his re-election and suspended the constitution and declared a state of emergency.[2] Justice Chaudhry reacted promptly, convening a seven-member bench which issued an already prepared interim order against this action.[3]

In March 2009, Nawaz Sharif and the Lawyers started a decisive movement to reinstate Chaudhry Iftikhar and other deposed Judges. Long March from all over the country was declared. Finally the Government reinstated Chaudhry Iftikhar and other deposed Judges on 16 March, 2009.


Career in Law

Chaudhry has a Bachelors in Arts and Bachelors in Law (LLB) from Jamshoro-Sindh. He joined the bar in 1974. Later, he was enrolled as Advocate of the High Court in 1976 and as an Advocate of the Supreme Court in 1985. In 1989 he was appointed as Advocate General, Balochistan, and later got elevated as Additional Judge, Balochistan High Court in 6 November 1990 until 21 April 1999.[4]

Besides remaining as Judge of High Court, he discharged duties as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Courts as well as Company Judge. Justice Iftikhar Muhammad Chaudhry also remained President of High Court Bar Association, Quetta, and was elected twice as Member, Bar Council. Later, he was appointed as Chairman, Balochistan Local Council Election Authority in 1992 and thereafter for second term in 1998. He also worked as Chairman, Provincial Review Board for the province of Balochistan. He was twice appointed as Chairman, Pakistan Red Crescent Society, Balochistan.

At present, Justice Iftikhar is also functioning as Chairman, Enrollment Committee of Pakistan Bar Council and as Chairman, Supreme Court Building Committee. He was appointed as Chief Justice High Court of Balochistan on 22 April 1999.[4]

In January 2000 Chief Executive General Musharraf dictated that all superior court judges swear a new oath under the Provisional Constitutional Order No.1 issued on October 15, 1999, which had suspended the Constitution.


Important considered rulings

Validation of Musharraf Military Rule

In January 2000, Justice Iftikhar Chaudhry then a serving judge on the Balochistan High Court (BHC) was one of the first judges to take an oath on the PCO. This allowed him to be elevated to the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest at taking this oath.

On May 13 2000, Justice Iftikhar Chaudhry was one of 12 Supreme Court judges who validated the military coup of General Pervez Musharraf(Citation Needed). They ruled that the removal of the elected government of Nawaz Sharif was legal on the basis of the "doctrine of necessity". What was his opinion in the judgement is unknown but some people claim that he was not on the bench that validated musharraf.

In June 2001, Justice Iftikhar Chaudhry was one of two judges who visited the Presidency House to convince the then President Rafiq Tarrar to resign, and make way for General Pervez Musharraf to assume that office.

On April 13 2005, in the "Judgment on 17th Amendment and President's Uniform Case", Justice Iftikhar Chaudhry was one of 5 Supreme Court judges who dismissed all petitions challenging President Musharraf's consistitutional amendments. In a wide ranging judgement they declared that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of the constitution, the 17th amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal.

Pakistan Steel Mills Privatization

In 2007, the Supreme court ruled against the government, saying that the selling of Pakistan Steel Mills to a group including Arif Habib, former client and friend of PM Shaukat Aziz, was done in "indecent haste".

Hasba Bill case

The Hasba bill also proposed powers for the police to ensure observance of Islamic practices and values while curbing palm reading and other superstitious customs deemed un-Islamic by the legislators.

General Pervez Musharraf petitioned the top court for an opinion after the Hasba bill was passed through North West Frontier Province's assembly.

"The governor of the province of NWFP may not assent to the Hasba bill in its present form," Chief Justice Iftikhar Muhammad Chaudhry, head of a panel of nine judges, told the court before listing several clauses in the bill deemed unconstitutional.

Missing People

Many people in Pakistan had been allegedly kidnapped by the American agencies (FBI, CIA) and Pakistani agencies (ISI, MI, IB) in pursuance of the "War on Terror." These people were arrested without any warrant or court order and denied any access to counsel as enshrined in the Constitution of Pakistan. These actions were challenged in the Supreme Court and a bench under the Chief Justice Iftikhar Muhammad Chaudhry took up the case. The complainants in the matter headed by Ms Amina Masood Janjua representing 254 missing persons and their families pleaded that the persons concerned be presented in front of a magistrate in line with the law and be given a trial.

The controversy over the matter increased after police baton charged demonstrators demanding released of their kin, stripping off demonstrators in the process which was pasted across the national newspapers increasing resentment against the government. The Supreme Court had the Ministry of Interior and the representatives of the military agencies directed to appear in the court and answer the issues raised causing ripples in Pakistan's powerful establishment [5].

As the case proceeded, the revelations during the proceedings increased public outrage on the matter. The government eventually released 107 missing persons, who narrated their stories of torture and solitary confinements at the hands of Pakistan 'law enforcement agencies', as well as names of others imprisoned with them.

It also became evident that most of the persons were detained for alleged links with the Secular Separatist insurgency in Balochistan and not Al Qaeda, also that many of detainees were there for personal differences ranging from property disputes to Imran Munir's case whereby he refused to marry the daughter of an Army General.

The case is being pleaded by Fakhruddin G. Ebrahim and Asma Jahangir from the Human Rights Commission of Pakistan.


Release and Reinstatement

On March 16, 2009, Prime Minister of Pakistan, Once again restored him through an executive order Issued prior to the day of Long March by the lawyers movement.

On March 24, 2008, the new Pakistani PM Yousaf Raza Gillani ordered Chaudhry's release from house arrest.[18][19]

In October 2008, Chaudhry returned to the Supreme Court building for the first time since his arrest. He has vowed to be reinstated as Chief Justice.


View the complete Article at Wikipedia

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