Pakistan

Asma slams ‘judicial dictatorship’

SCBA president says judiciary under Chief Justice Iftikhar Muhammad Chaudhry is becoming a judicial dictatorship.

Express March 30, 2011

LAHORE:

Supreme Court Bar Association President Asma Jahangir has said the judiciary under Chief Justice Iftikhar Muhammad Chaudhry is becoming a judicial dictatorship, as reflected in the Supreme Court’s orders on the National Accountability Bureau chairman and judges’ extension cases.

The judiciary is reaching for powers that belong to parliament, Jahangir told reporters on Tuesday. Referring to the removal of Deedar Hussain Shah as NAB chairman, she said the SC had ruled that the chief justice must be consulted on the appointment.

“That means absolute authority to make the appointment will go the CJP, not the the parliament, which is a serious matter,” she said.

Jahangir said she agreed that the appointment should be made after consultations, but questioned how Shah could be disqualified from being reappointed to the post. “Procedural flaws in an appointment do not disqualify a person,” she said.

She said the SC decision on the extension of six additional judges rejected by the parliamentary committee on the appointment of judges had made the committee redundant.

Published in The Express Tribune, March 30^th, 2011.

COMMENTS (62)

Naushad Shafkat | 13 years ago | Reply @Umar: I am sorry to remind you that Asia Bibi had already been sentenced to death - no less. Please check your facts before you say something.

DIG. | 13 years ago | Reply Ms. A. Jehangir being a dictator herself thus does'nt like anyone for share lion or even a piddi share! Difference between Zardari and others is if he exposes himself unduly than he follows sensibles advice!

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Faisal | 13 years ago | Reply Can you imagine what things would be like if the CJ and supreme court did everything in accordance with the wishes of the government (read: Zardari)? Why doesnt the government just get neutral and competent chairmans for NAB, EC and the other state run organisations? You might not agree with the CJ but surely what this government is doing is indefinsible? I am ashamed by Asma's stance.

nabila | 13 years ago | Reply opposing Ifithar choudry's dictatorship does not means supporting zardari,i will never in my dreams support Zardari but what Iftikhar choudry doing is pure dicatorship and its harmful for overall judiciary.A lot of people who know him saying that he likes media attension and publicity. he loves to be in media headlines. He cant go back to his normal judicial job after the media attention and publicity and hero status he got during judicial movment.He is issuing contempt notices to sharjeel memon type low level people and making judiciary very contoversial.

Shahryar Ahmed | 13 years ago | Reply @Mazar: CJP going in 2013

Gill | 13 years ago | Reply This is the first time we are experiencing functioning of an independent judiciary (at higher level atleast!), and it is beyond our perception that it can go against the government. Otherwise, judiciary is working perfectly fine.

Pakistani | 13 years ago | Reply Asma's qualification is liberalism, she is very liberal in point of view. Even she don't like our cultural values. Her approach based on westren culture. Most of Pakistanis do not knew about her personal life. But in west peoples know all whereabouts of such public figuers. Chief Justice is doing well. If he is doing any illegal decision then lawyers should explain with reference to constitution. If anything is between Parliment and Judiciary then what harm to public. The both are powers and they will settle their issues. Peoples of Pakistan will be grateful to lawyers if they point out any bad decision of CJ against peoples of Pakistan and Constitution of Pakistan. Please do not support curropt politicians.

nimra | 13 years ago | Reply asama is absolutely right.Iftikhar ch has became absolute authority.who is with out any doubts crossing all legal boundaries,limits and legal norms.

Imran | 13 years ago | Reply @Umar: Please educate yourself. Sentence was already passed by a lower court!

Imran | 13 years ago | Reply "Independent Supreme Court Judges" are biased one way or the other. They are more inclined towards Punjab based politicians, compared to politicians from other provinces. They favor conservatism over liberalism, Deobandism over Brelvyism, army over civilian government for obvious reasons. These are the reasons why terrorists roam free, cases against PML-N and army remain closed, civilian governments are weakened.

Asraf | 13 years ago | Reply @Shahryar Ahmed Very true.

believer in global liberty, equality, fraternity | 13 years ago | Reply i agree with asma. chief justice is playing politics, like all chiefs of our army.

Zahid Hussain | 13 years ago | Reply @pardesi: All who oppose judiciary`s role are not happy with govt. may be Ms. Asma too, but please just give a neutral look at what is happening there on the name of independant judiciary, thats also not fair too. There was a time, when almost 100% pakistanis were supporters of judiciary, which have reduced to may be 10% only, and I am really feeling sorry about it.

Radial | 13 years ago | Reply Finally Ms. Jahangir realizes what many have known for years. CJP is a grandstanding hack interested in getting airtime on TV. Its unclear if he knows anything about law, the constitution, or how to write opinions.

Naushad Shafkat | 13 years ago | Reply Ms. Asma Jahangir has been warning us about 'judicial dictatorship' for sometime now. And how right she is; the Chief Justice is not only that; he has arrogated to himself the powers which are clearly not in his domain while the things that are within his domain are ignored. Air Marshal Asghar Khan's petition, Mian Shahbaz's disqualification petition are ignored. Why? No one seems to have a clue and therefore ulterior motives are starting to be attributed. When he can convene a full court meeting to save his own job and those of 2 of his colleagues at midnight surely he can convene a court in broad daylight to hear these cases. What if, and this is a possibility, at the end of the day Mian Shahbaz is held to be ineligible and his appointment as Chief Minister illegal? Will the Chief Justice ask him to return all the benefits of office like he has threatened his own High Court Judges in order for them to submit and resign so that he does not face the embarrassment of sentencing them for contempt? The Supreme Court during the Tamizuddin Khan, Dosso and Begum Nusrat Bhutto cases did great harm to our country. It seems that lessons have not been learned and the present Chief Justice is over-stepping his limits as did CJ Munir and CJ Anwar-ul-Haq. God save Pakistan!!

Umar | 13 years ago | Reply @Fareed: "The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority." It was in the courts and no sentence was passed yet. President can cummute after it is sentenced by courts. Doesn't mean he can interfere in a trial. Also shouldn't president be apolitical and be head of the State, and not try to run the government. It is Head of Govenment's (prime minister) job.

Saad | 13 years ago | Reply How many terrorists has this "independent judiciary" punished so far???

Hasan Abbas | 13 years ago | Reply And really a nice point raised by Asma, can anyone tell me if a person can be disqualified for a post just because his selection was not justified [according to the judges] and he had no apparent role in his selection as well? I think Iftikhar Ch. should have a look at his own when he supported Musharaf twice and let him become the President while he was a uniformed man! Should we just forget his consistent support of Musharaf from 99 till 2006 [at least]? To honor his stand against Musharaf, it is enough for him to have been restored to the post he lost!

Hedgefunder | 13 years ago | Reply When judiciary mingles with politics, the outcome is a disaster!! always.

Abdul Rahman Khan | 13 years ago | Reply She is non-conformist like her father malik ghulam jilani. Her politics, in whatever garb, is zero plus zero plus zero is equala to zero.

vortex | 13 years ago | Reply @Asmat Jamal: We have stooges not elected representatives, in parliament. @pardesi: Well said.

Hedgefunder | 13 years ago | Reply When judiciary mingles with politics, it leaves everything tainted !!! first the constitution was being played with, now the parliamentry authority is being played with, Next the appointments and cases will be played with, if it has not already been !!! Perhaps pakistan really can not function within the norms of democratic process and should cease trying to !! Selective democracy does not work one has to take everything that comes with it or leave it. Having watch this democratic govt's performance during their tenure, one feels, that in the interest of the nation perhaps martial law is the only system which actually works and achieves any results and provides safety and security for its populace!!! Rather sad scenario, but its a fact!! The country should perhaps have one party state whose precedence should be nationalism and introduction of martial law courts with the view for prompt justice, which the current system is not likely to provide at any time in near future.

No BS | 13 years ago | Reply Fake degree holders, elected with fake votes, represent a fake democracy and parliament. How can the Supreme Court not take stern action against these jokers. Very sad to see Ms Jehangir, whom i have upmost repsect, taking wrong sides.

Abdul Ali | 13 years ago | Reply I fail to understand the stance of Ms Asma Jahangir. There is always a difference between personal views and those of the Association. If she has any issues with any judgement of Hon Supreme Court, she should approach the court in her personal capacity. Honourable Judges speak through their judgement not press statements. And the Hon Judges have given the judgement which should be respected by all

Karim Alam | 13 years ago | Reply You too behave like a Dictator. Institutional mechanisms need to be developed instead of personalities.

Adeel | 13 years ago | Reply CJP has derailed everything good that was happening in Pakistan...people down there at the bottom facing cases at session court face the same frustration everyday...2 years have passed since judiciry restoration, less than 2 years now left for Iftikhar Ch....wonder what miracles can he do now!

Hasan Abbas | 13 years ago | Reply I agree with Asma, because when it comes to the choice of 'Free Judiciary', 1) they call justice nisar to SC rather than calling the senior most High Court level judge: justice sharif! 2) they extend another year for justice ramday as ad hoc judge! 3) they provide extensions to additional judges! and 4) they choose High Court judges related to only one chamber i.e. the people they like! :-) Free Judiciary has also revoked amendments unanimously approved by the Parliament! This judiciary-govt [and sometimes judiciary-parliament] tussle is more like the power-seesaw we see between Turkish secular judiciary [and army] and the Islamist govt of Rassep Tayyap Urdegan! :-) I am afraid if this 'Free Judiciary' remains so, democracy is Pakistan would be less strengthen and more prone to 'hijack' in future!

pardesi | 13 years ago | Reply We people of Pakistan are with the judiciary as it is the first time that the judiciary is really working hard to make Pakistan strong and route out the injustice and corruption. In the past the judges were always on the side of the government to ensure their own safety job or otherwise. This time we are supporting the judiciary who did not lie about the qualifications to seek their current positions on the other hand Asma Jehangir wants the rule of Parliament the same parliament which has failed to take action against its own fellow members who lied (degree chore) to get into the parliament and it is the same parliament which encourages nepotism. No sorry madam we are on the side of the Judiciary it gives us more confidence than you parliamentarians do.

Aftab Kenneth Wilson | 13 years ago | Reply Please understand "CJ wants LION'S SHARE" for which he is very cleverly marching forward. He seams to be least concerned about prevailing situation both at home and abroad. Perhaps he might be thinking that he is the only one who can remove all ills of the nation which is very objectionable and questionable. It is very unfortunate for the whole nation to have a CJ without any foresightedness.

Zarghun | 13 years ago | Reply This gentleman - Chaudhry - has made a joke of judiciary and the country. He needs to educate himself in what separation of powers mean. He is crossing all limits. I think he should never have been restored. But Nawaz played politics on it without any regard to the country's interests.

Zahid Hussain | 13 years ago | Reply Ms. Asma is worldwide known figure of Pakistan and a very respected lady. I second her opinion, there seems to be dictatorship in SC. I posted the same comments some time ago, but tribune did not publish it.

Ali Ebrahim | 13 years ago | Reply Asma Jehangir should just stick to her Human Rights work... Secondly procedural flaws make the appointment of Justice (R) Deedar liable for disqualification as the appointment was ultra vires. I dont think Ms Asma Jehangir has studied (Administrative/Public) law which allows for Judicial Review. The court has inherent powers powers of Judicial Review but nevertheless these corrupt politicians twisiting and manifesting it to be Judicial Dictatorship.... Stop making a fool out of the awaam! The politicians intentions are only to defame the Judiciary since it is the only institution in this Country that holds these corrupt politicans answerable/accountable. In a REAL democracy the judiciary and executive are different pillars. Given the parliamentary committee on the appointment of judges has a say in the appointment of judges why shouldnt the judges have a say on who is to sit in Parliament?

Umair | 13 years ago | Reply Those in favor of CJP will bite the dust once the CJP turns towards them; will see then how would they continue supporting him. Its all politically motivated power hungry judiciary.

Asmat Jamal | 13 years ago | Reply I absolutely agree with the distinguished and renowned lawyer Asma Jahangir Sahiba who has rendered more sacrifice for the Judiciary and Human Rights than the late proponents of independent Judiciary. These PCO type late awakeners after taking all the benefits of the doomed PCO have now joined the other side as there is nothing left to milk . The first and foremost germ of identification of a Dictator is that he forsake the Parliament. Judiciary is selected and not elected like any other officer in the service of the state and they have no right to enact laws for the nation. It is wholly , solely and exclusive right of the people of Pakistan through their elected representative to enact and frame laws.

ASQ | 13 years ago | Reply someone please tell me that CJP was himself on the bench hearing the case of appointment??

A.ghaffar dawood | 13 years ago | Reply @A.ghaffar dawood: I think I fully agree with asthma jehangirs point of view.

salim | 13 years ago | Reply She is indeed correct. Our courts are tainted with the political virus. Judicial activism and dictatorship are at its peak.Ms Jahangir is correct and I admire her courage. Having said that I do believe that this is the most corrupt government (including Punjab) we've ever had and courts must act without resorting to favoritism. Asghar Khan's petition must be taken up and all cases against PML N must be opened. Suo Moto should be exercised for recent scandals in Punjab.

Shahid Khan | 13 years ago | Reply Chief Justice is pushing government to take some action against him to pave way for Bangladesh Model. Govt should show a restraint to save the system and democracy. We have already suffered for 63 years because of judiciary-military alliance will killed some of the best leaders in our history and destroyed country. It seems to be repeat of Molvi Mushtaq era!

Kamran | 13 years ago | Reply So, finally Asma is paying back to Mr Zardari, who had spend huge money through Baber Awan to ensure her victory as President Supreme Court Bar; expected response from a Zardari Loyalist.

Fareed | 13 years ago | Reply It's true that Chief Justice Iftikhar Muhammad Chaudhry has become increasingly dictatorial. Take, for instance, his challenge of Zardari's presidential pardoning of the alleged "blasphemer", Aasia Bibi. He claimed that Zardari's act of pardoning was unconstitutional because he did not wait and allow Bibi's case to move through the courts and let the court decide. This circumvention, he charged, weakened the court system. But let's look at what exactly it is that Pakistan's constitution states regarding Presidential pardons... Article 45 of the Constitution states:

The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

So it's pretty clear where the Supreme Court's authority stands relative to the President. Having challenged former President Musharraf and led a protest movement that saw Musharraf's downfall, Chaudhry himself has now become the new Musharraf -- and needs to be out. It's like he's become the very monster he helped bring down. He's also increasingly averse to the media. In his attempted usurpations of power and clamping down on free speech, Chaudhry's antics appear far worse than even US Supreme Court Justice Antonin Scalia's.

wowemkay | 13 years ago | Reply What do you expect from someone who failed three times in annual exams at school?! And married to a huge defaulter. Its just the great forgiving chances this land provides that a mediocre like her is today the SCBA President and can dare to open her mouth with such politically motivated humbug.

sajjad navi | 13 years ago | Reply she is right.sc want every power .power belong to pepples of pakistan,it meane parliment.

Fayyaz Haider | 13 years ago | Reply What kind of lawyer Ms. Jahangir is? Pakistan is the only country where high profile people like Ms. Jahangir never feel shame for their wrong stance. I request Ms. Jahangir to kindly criticise the decision of the Supreme Court on constitutional ground. On what ground is she playing. Political stance is not for the rule of law. Does she want judges to be political.

A.ghaffar dawood | 13 years ago | Reply I not a lawyer but I feel that the political leaning of the chief justice is becoming obvious and judicial interference in the executives powers is clear.I agree with Asmajehangirs view point.u

Hassan | 13 years ago | Reply i have never liked Asma Jahangir because of her so called showoff liberal activism.. she is now showing her true colors.. seems to me she is favoring the corrupt regime

justar | 13 years ago | Reply @Truth_Prevails: Well said. I presume you mean this applies pretty much across the board. Some of those procedural flaws are all flaw and very little procedure.

Malik Liaquat Hussain | 13 years ago | Reply Madam Asma everyone knows whose feelings you are expressing. When corrupt, bank defaulters are included in committee to appoint judges such dicitatorship is necessary. Would you like to comment on the members of the committee who recommeded or rejected the names of judges?

Bunny | 13 years ago | Reply Welll Welll Welll....now cat is coming out of bag.....here she sstarts speaking babr awanz language and soon you will see....some movement agianst cheif justice but before that they will try to sabotage his image.....people just dont forget faisal raza abdi uses same words for cheif justice......

Alam | 13 years ago | Reply Yes CJI is a dictator. Every administrator in Pakistan is a dictator. Ex-dictator Musharaff could reveal more about CJI's dictatorial behaviour

Clean Pakistan | 13 years ago | Reply Ms. Asma is scratching the surface... Tell us, was Deedar Shah the right person for the job and did he get the job in line with rules and regulations? What is his relationship with Zardari?

Dr.Habibullah Chaudhry | 13 years ago | Reply Judicial activism is justified as long as it is with in the law. SC decision in case of justice Dedar hussain and extention to judges is with in the law. Strange that miss Jehangir has criticised it.She has not kept present political situation and rampant corrupt methods being used. She seems to be a bit biased.

Truth_Prevails | 13 years ago | Reply “Procedural flaws in an appointment do not disqualify a person” - That is the reason we are where we are!!!!

Shahryar Ahmed | 13 years ago | Reply Well Madam, you traded a Dictator (who actually was more democratic than the current so called democrats) with an absolute corrupt, hypocrite & from what I have heard incompetent (coming from the lawyers fraternity "can not write a decision in proper english). This present day judiciary is in hands & glove with a Jang (media group), certain associated journalists/TV anchors and Nawaz Shariff, giving out biased decisions. Well Ms. Asma, as they say "don’t wish for what you cant handle, your wish just might come true". All Hail Independent Judiciary!!!!!!!!!!!!!!!!!!

Hamza Baloch | 13 years ago | Reply Lol. Why she do not say anything about "wokila girdii"?

moise | 13 years ago | Reply What about presidential dictatorship? Presidential order to pass tax no one wants. Can real issues be highlighted instead of non-issues.

Pakistani | 13 years ago | Reply Asma Jahangeer has Zardari's agenda so everything which goes against the government seems unconstitutional to Ms Jahangeer

IZ | 13 years ago | Reply Its sad to see the CJP having descended to this level. That he was a self-serving hack was never in doubt (Musharraf would never have appointed him otherwise) but after the restoration of the judiciary he was in the position to have really effected a great deal of good and act as a check on the executive. Instead he's been busy in sifarish and undermining the democratic process. Very sad.

Altaf | 13 years ago | Reply I think she shoud be issued contempt of court notice. Instead of holding press conferences just like politcians and critising the judiciary she should approach the court in a manner as provided in the law.

Mazar | 13 years ago | Reply Please everybody think about this, she has a very genuine point!!!Personally I think Iftikhar Chaudhry is going above the limit!!Mushraff was right in throwing him from the office.Please can someone enlighten me when is he retiring?

Yasir Sheikh | 13 years ago | Reply Regardless of this issue, I don't really trust Asma Jahangir. She seems to be thriving on a one-point agenda of sabotaging what little good work is done in this country by judiciary. The way she speaks, nothing positive comes out of her mouth. Second Fauzia Wahab, I reckon.

fazal karim mahsud | 13 years ago | Reply I absolutely agree with Asma jahngeer's point of view that the chief justice of Pakistan has no right to disqualify an institutional head by personal orders but according to my little knowledge, the chief justice has taken the step against a petition filed by opposition leader, chudhary nisar that he was not consulted on the appointed case of NAB chairman although he should be according to the 18th amendment. According to 18th amendment the prime minister is bound to consult a critical appointment issues like the one of NAB chairmanship with leader of opposition and if he express some reservation than another person should be consider. In dedar husssain shah case, leader of opposition was either not consulted and if consulted he expresses his reservation. Therefore the ousting of chairman occurred according to judicial procedure not dictatorially.

ishaq | 13 years ago | Reply Judicial Dictatorship Very True!!!!!

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