Heed to what jurists say

The report of the International Commission of Jurists, which concluded its week long visit to Pakistan on Thursday, makes a terribly upsetting reading. Of course, most of the information in the four-page "preliminary observations," released by the ICJ representative, Dato Param Cumaraswamy, at a news conference before his departure, was already available to the media and other concerned quarters.
But when put in black and white and endorsed by the ICJ, it confirms the widely-held belief that for Pakistanis as a nation their life is nothing but an existence in a jungle of lawlessness. "It was bizarre and unimaginable. Such a thing never happens in a civilised society", Dato Cumaraswamy told reporters as he unfolded the scenario surrounding the suspension of Chief Justice Iftikhar Muhammad Chaudhry.
The events of March 9 at the Army House when President Musharraf met Chief Justice Chaudhry and sought his resignation, but was refused, were "virtually unprecedented in the legal annals of the world". The report also records in some detail how the Chief Justice was held "incommunicado save for the presence of a few other army generals", and how, "with undue haste", the new Chief Justice was sworn in. A special mention has been made in the report of manhandling of Chief Justice of Pakistan on March 13 by the police "to the extent that the police reportedly tore his coat, shoved his wife aside, pulled his hair and tried to force him into a police car".
The ICJ report does not go into any details about the causes that led to the filing of the presidential reference, except taking note of the fact that allegations in the reference were "substantially similar to those that had been circulated around the country in a 'flying letter' since 16 February 2007, in an apparent attempt to vilify the Chief Justice".
The Executive had increasingly reacted to the judicial activism of the Chief Justice, as reflected in the Pakistan Steel Mills case, followed by his initiative in cases like enforced disappearances in which the Chief Justice called upon the police/security agencies to answer the allegations. "These actions by the Chief Justice seemed to have irked the agencies of the Executive". However, the report makes no mention of the opposition's widely circulated claim that the presidential reference is embedded in President Pervez Musharraf's fear that Chief Justice Chaudhry would try to sabotage reelection and retention of uniform as army chief.
ICJ representative Dato Cumaraswamy gives full recognition to the legal fraternity's protests as they have "rightly sought to peacefully demonstrate its belief in and support for judicial independence in the country". The joining of lawyers' protests by the opposition political parties is an expression of their "solidarity" as "the latest demonstrations on 24 April, in all provinces, indicate that other sections of society are joining in showing of solidarity". But, the government, "regrettably", is now mobilising members of public in support of the President to counter the wide support for the Chief Justice.
"The Mission considers that such a public show of strength by the Government is an inappropriate and ineffective way to resolve the current crisis. This was clearly seen in the demonstrations of 24 April".
Dato Cumaraswamy refused to comment on the constitutional issues because these are before the Supreme Court, but has strongly recommended that there should be an open trial of the Chief Justice. Citing the United Nations Charter, he said when judges themselves desired open trial they should be provided the opportunity to uphold the independence of judiciary. The report has condemned raising of pressure on the media by the government, particularly the show cause notice served on TV network Aaj, reminding that the licensing authority PEMRA is not independent of the government.
The Mission fears that "the present judicial crisis, if not resolved soon, could deteriorate and cause irreversible damage to the constitutional order in Pakistan." It has urged upon the government of Pakistan to address the underlying causes of this crisis and "restore a fundamental democratic principle that is pivotal for the rule of law in Pakistan - the independence of judiciary".
The International Commission of Jurists is an non-governmental organisation comprising 60 of the world's most eminent jurists. Its representative, Malaysia-born Dato Cumaraswamy, is a former vice president of ICJ and former UN Special Rapporteur on Independence of Judges and Lawyers. His report is based on his interaction with both sides of divide in the present judicial crisis, including Chief Justice Chaudhry, Sharifuddin Pirzada and ministers for law and information. In that background the ICJ report is bound to make a powerful impact on the world public opinion. Pakistan is not a banana republic that it should turn its back on the findings and recommendations of the ICJ. This crisis must come to an end, the sooner the better.
An all-out effort on the part of the government to revert to the pre-March 9 position is possibly the safest way out of this quagmire, and once that is done the political parties would be well-advised to leave this acrimonious debate behind, away from the impending political confrontation that is bound to dominate the national scene during the rest of this election year.