The International Commission of Jurists has warned Pakistan government that the present judicial crisis, if not resolved soon, could deteriorate and cause irreversible damage to constitutional order in Pakistan.
The ICJ Mission concluded its seven-day examination of events and developments since President Musharraf sent a reference to the Supreme Judicial Council to consider allegations of misconduct against Chief Justice Iftikhar Mohammad Chaudhry on 9th March 2007 and released its preliminary report in Geneva and Islamabad on Thursday.
Dato Param Cumaraswamy, former vice president of the ICJ and former UN Special Rapporteur on the Independence of Judges and Lawyers, represented the ICJ Mission.
The Mission visited Karachi, Islamabad, Peshawar, and Lahore and met the Chief Justice, retired judges, office bearers and members of Bar Associations and the Minister of Information and Broadcasting, the Minister of Law, Justice and Human Rights and the Secretary of Law and the government's leading counsel Sharifuddin Pirzada and civil society representatives.
Addressing a news conference Cumaraswamy said that the event of 9 March at Army House when President Musharraf in his army uniform met the Chief Justice and sought his resignation, who then refused to resign, was virtually unprecedented in the legal annals of the world.
He said that the bizarre manner in which the Chief Justice of Pakistan was treated on 9th March and two days later is something which could not be imagined in any civilised society.
The ICJ Mission said that Pakistani legal profession found the manner in which the Chief Justice was treated to be unacceptable and an attack on the independence of judiciary though the judges must be accountable and subject to disciplinary proceedings.
The Mission opined that the show of support by the legal profession of Pakistan in defence of judicial independence is unprecedented and involves almost all the legal profession. The opposition political parties have also joined the legal fraternity in solidarity, and the latest demonstration on 24th April, in all the provinces indicates that the other sections of society are joining in the show of solidarity.
The mission considered that the legal profession of Pakistan has rightly sought to peacefully demonstrate its belief in and support for the judicial independence in the country. Judicial independence and the separation of powers are fundamental principles of the rule of law and of democracy. The lawyers are also exercising their legitimate right to freedom of expression and assembly, the Mission added.
The Mission said that the government, regrettably is now mobilising members of the public to demonstrate on the street in support of the President to counter the wide support shown for the Chief Justice. The Mission considered that such a public show of strength by the government is an inappropriate and ineffective way to resolve the current crisis.
The mission observed that people feel if Chief Justice of Pakistan could be treated in this manner, what justice could members of the public expect the administration. The mission said that it was a legitimate right of the CJ to demand open trial of the reference against him in the Supreme Judicial Council.
The Mission learn from journalists that as a result of recent events, there have been pressures exerted on them - some subtle, such as the reduction of government advertisements, and some overt, such as letters and phone calls telling them to report in a particular manner.
Most recently a private TV channel Aaj has been called to show cause why legal action should not be taken to cancel its license. The Mission reiterated the importance of maintaining the right to freedom of expression and of the media.
In conclusion, the Mission urged the government to address the underlying causes of this crisis and to restore a fundamental democratic principle that is pivotal for the rule of law in Pakistan.