Respect people's mandate: Iftikhar
Amir Riaz
LAHORE-Deposed Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has termed the outcome of February 18 elections as the peoples verdict in favour of the supremacy of Constitution and rule of law in the country.
The people have put their burden on the shoulders of political leadership and now it is up to them to respect peoples mandate, he said.
Addressing the lawyers at Lahore Bar Association through telephone, ahead of their weekly protest rally, the top judge of the country said, The people by exercising their right of franchise have outrightly rejected November 3 extra constitutional steps, expressing their wish that they want supremacy of constitution. The people through their vote have called upon all the national institutions to strictly adhere to what has been enshrined in this sacred book. After peoples mandate, no one could dare deviate, subvert or cross its constitutional limits that were experienced in the past.
Parliament is the supreme body and only it had the power and not an individual, to amend the Constitution with two-thirds majority and that even the parliament cannot disturb the Islamic provisions and basic structure of the constitution.
Justice Iftikhar said Parliament should evolve a check and balance system to maintain equilibrium between various national institutions so that no one could overlap the powers of others while the executive should follow the directions of legislature and the judiciary.
As Justice Chaudhry began delivering his speech, the barroom, that was filled to capacity, became alive and highly-charged up lawyers burst into chanting slogans: Go Musharraf Go, Chief Teraye Jansar Beshumar Beshumar (Chief you have countless devotees). The lawyers continued chorus of chanting slogans for 15 minutes before CJP could start his speech. Under the situation, LBA secretary Latif Saara intervened and stopped lawyers from raising slogans.
Justice Chaudhry, who opted not to take oath under PCO, said, The decision that the seven-member SC bench had given against emergency and PCO, still holds the field. The independent minded judges had given this decision by responding to the dictates of their conscience because they had taken oath, expressing their allegiance to the Constitution.
Mr Iftikhar made it clear that a decision violative of the Constitution, has neither the constitutional or legal significance nor does it requires to be set aside. It should be merely overlooked.
SC in its decision had restrained the superior court judges from taking oath under PCO therefore the judges who took oath under PCO on November 3 could no way undo seven members bench verdict, adding that they (PCO judges) are not authorised or had powers to endorse all the steps taken in consequence of November 3 emergency, he maintained.
He asserted that SC had passed the order in Justice(r) Wajih-ud-Din case on an application submitted by his counsel Aitzaz Ahsan.
Justice Chaudhry, who has been under house arrest since November 3, pointed out that under Article 199 of the constitution, it is the duty of the executive to assist SC in getting its orders implemented. But regretfully, the executive did not act upon SCs November 3 order and surrendered before an individual.
The judges who had not taken oath under PCO are still serving judges because the constitution did not give powers to an individual to remove them.
Defending his decision of not taking oath under PCO, Justice Chaudhry said, We (judges) can not become the part of a process where the sacred book (constitution) had been trampled down under army boots because we had taken oath to remain subservient to the constitution. In his half-an-hour address, CJP said, by subverting the Constitution I can not betray the people who showered their love on me in the hour of need. No one is above the law. The nations who do not respect their constitutions are wiped off the world map.
Justice Chaudhry paid homage to his colleague judges who declined to take oath under PCO on November 3, adding that they remained stuck to their allegiance to the Constitution. He made it clear that all the extra constitutional steps taken on November 3 were meant to perpetuate illegal regime of an individual.
Mr Chaudhry also lauded the role played by the lawyers for the restoration and independence of the judiciary, saying that their relentless struggle will bear fruit and the November 2 judges and the Constitution in its original form would be restored soon.
He said the judiciary had always been kept under pressure since inception of Pakistan but now the things have changed drastically because the people have stood up against the dictatorship and gave support to independent-minded judges.
The circumstances have taken a turn and I believe that no one could dare impose martial law and subvert the constitution now and in future, he opined.
He said he and other judges had been illegally detained but, I assure them that in the end they will emerge as victorious and people will remember them forever.
According to Mr Iftikhar, the country is passing through crucial time of its six decades history and now it is up to the new political leadership to bring the country out of this difficult situation.
Appreciating the ongoing lawyers movement, he said, What they have done for the country will be written with golden words in history books.
Justice Chaudhry also thanked the civil society, students, doctors and other sections of people for supporting the just cause of lawyers.
The Nation
i was wondering while coming across this old thread, if Mr Aitzaz will have guts now to besieg Zardari house for sabotaging Murree Accord.
