Deposed Chief Justice Iftikhar Muhammad Chaudhry on Monday alleged that former President Pervez Musharraf sacked him after failure to get decisions of his own choice in cases of national interest. Addressing lawyers gathering at Rawalpindi, the deposed CJ explained facts behind the imposition of emergency, which he termed as "Martial Law" and his removal on November 3, last year.
"Musharraf had imposed "Marital Law" and not emergency to curb judiciary and media after his failure to subjugate independent judges," he said. Legal fraternity along with Pakistan Muslim League Nawaz (PML-N) and Jamat-e-Islami had announced to observe November 3 as 'black day'.
Chaudhry said from March 9 to November 2007, he was approached for rapprochement along with threats at his refusals. The foundation of November 3 "Martial Law" was laid in 2006, the day the Supreme Court delivered its historical judgement in Steel Mills case against the government.
'The then Prime Minister Shaukat Aziz had told me that Musharraf was angry over the decision. I asked him to convey my message, which he delivered that the SC would not deliver any judgement merely to appease one person (Musharraf)'.
"I cannot unravel all facts (declaring them as classified) as being Chief Justice of Pakistan I am custodian of them but would say it was not Musharraf alone who did not want to let Supreme Court work independently," the CJ added. Chaudhry said Musharraf, Shaukat Aziz and his three other fellows (without disclosing their names) played the pivotal role in imposition of 'Martial Law'.
On July 20, 2007 the SC delivered another judgement (to reinstate him as CJ) which worsened the government relations with the SC. "Afterwards, I was approached by Musharraf for rapprochement, which I refused," he said. Chaudhry said that contempt of court case in connection with forced exile of the political leadership, non-entry of 300 million eligible voters in the voter list, holding of dual offices and eligibility of the former President for re-election in uniform irked the then ruler.
On November 1, 2007, I was informed that the country was passing through a critical phase, similar to the October 1999 event; therefore, I should save my position as CJ, he said. The deposed CJ said that this was the critical juncture, either he had to sacrifice his office for the supremacy of constitution and independence of judiciary or had to accept lucrative offers from the government.
"I am confident that the present assembly will not endorse this 'martial law' adding that lawyers, politicians and other sections of the society want rule of law, supremacy of the constitution and independence of judiciary. Earlier, addressing lawyers Aitzaz Ahsan, former president of Supreme Court Bar Association (SCBA) said restoration of judiciary is inevitable to steer the country out of the present crises.
"We are being asked whether all national problems can be resolved with restoration of judiciary," to address this question I would say we can fight terrorism when the economy will be restored and the economy will be restored with investments which will control the price hike and only free and independent judiciary can ensure investment and economic stability. 'Independent judiciary does not mean any constitutional package or 'Naek formula', he said.
He said the decision of some judges for whom we are striving to take a fresh oath has hurt us. We can neglect it if these judges try to win over Dogar, he added. Ali Ahmed Kurd, the newly elected president of SCBA said that legal fraternity is striving for supremacy of the constitution and independence of judiciary by peaceful movement. If it did not happen, no one would be able to face and stop us from achieving our goal.