Pakistan’s Judicial Crisis

&

Remembering Karachi May 12 Carnage

Keynote Speaker:  Tayyab Mahmud

Discussants:  Javed Ellahie, Ijaz Syed, Dabbir Tirmizi

 

 

The crisis in the Pakistani judiciary that began over a year ago, with Pervez Musharraf sacking the Chief Justice on March 9 2007, still continues.  In its wake, it has mobilized lawyers, students and social activists in unprecedented numbers, challenged the dictatorial and military rule of General Musharraf, and continues to haunt the political leaders at the helm today.

 

KARACHI - MAY 12 - 2007 A year ago, as the deposed Chief Justice Iftikhar Chaudhry tried to make his way in to Karachi, the city burnt.  Supporters of the defiant Chaudhry clashed with the pro-Musharraf Army and local political parties, leaving over 40 people dead, hundreds injured and a city of over 12 million engulfed in unprecedented violence. This event is to mark one year of that carnage, and explore different contexts of the judicial crisis.

KEYNOTE SPEAKER:

Tayyab Mahmud, Professor and Associate Dean at Seattle University School of Law, has published extensively in the areas of comparative constitutional law, human rights, legal history and legal theory. 

DISCUSSANTS:

  • Javed Ellahie:  Prominent Bay Area Pakistani lawyer
  • Ijaz Syed: FOSA member and long time activist
  • Dabbir Tirmizi:  International Political Secretary with PTI  

For more information, visit http://www.friendsofsouthasia.org/judiciary 

Sunday, May 11, 2008, 3:00 pm
Pakistan American Cultural Center

372 Turquoise Street
Milpitas, CA 95035

Suggested Donation:

$5

(No one turned away for lack of funds)

 

More information about the crisis around deposed judges in Pakistan

Before March 9, 2007, General Pervez Musharraf’s regime had relatively smooth sailing.  The U.S. was providing billions of dollars with little or no accounting.  The heads of the two strongest political parties, Benazir Bhutto and Nawaz Sharif, lived in exile.  Musharraf faced no real domestic political opposition.  But all that changed on March 9, 2007, when Musharraf removed Iftikhar Muhammad Chaudhry from his position as the Chief Justice of the Supreme Court of Pakistan.  Contrary to the General's expectations, the deposed Chief Justice did not take this quietly.  Justice Chaudhry started touring the country and addressing lawyers' rallies. This open defiance of the military dictatorship spawned a national movement of lawyers, which led to general unrest in the country, which was then capitalized upon by the political parties.  Ultimately, General Musharraf was forced to accept the return of both Benazir Bhutto and Nawaz Sharif, and hold elections.  But now that a elected civilian government holds power, it is bewildering to see the reluctance of the new government in reinstating the judges removed by Musharraf – especially considering that the civilian government owes its very existence to Justice Chaudhry’s ‘rebellion’ and the lawyers' movement it spawned.

Timeline of the Judicial Crisis:

October 1999. General Pervez Musharraf leads a coup against Nawaz Sharif’s government.

January 2000. General Pervez Musharraf requires judges to take oath under a provisional constitutional order (that will block any legal challenges to his military government). Thirteen judges refuse to take that oath, and are dismissed. Other judges including Iftikhar Muhammad Chaudhry take the oath.

June 2001. General Pervez Musharraf, hitherto ruling the country under the dubious title of the Chief Executive, makes himself the President of Pakistan.

September 2001. General Pervez Musharraf becomes an indispensable ally of the US by agreeing to be a partner in the 'War on Terror.'

October 2002. Elections are held, with Benazir Bhutto of Pakistan People’s Party and Nawaz Sharif of Pakistan Muslim League out of Pakistan. General Pervez Musharraf wins the endorsement of the coalition government to remain the President of Pakistan.

March 9, 2007. General Pervez Musharraf removes Chief Justice Iftikhar Muhammad Chaudhry on charges of corruption. Chief Justice Iftikhar Chaudhry challenges Pervez Musharraf's decision and starts addressing lawyers' gatherings. Local media provides full coverage to these events.

May 5, 2007. Chief Justice Iftikhar Chaudhry addresses a huge rally in Lahore. His associates promise to hold an even larger event in Karachi on May 12.

May 7, 2007. MQM, a Karachi-based political party supporting Pervez Musharraf, announces its own rally for May 12. Lawyers in Karachi urge MQM to change the date of its rally, but party leadership refuses. The stage is set for confrontation on May 12.

May 12, 2007. Chief Justice Iftikhar Chaudhry lands at Karachi airport but cannot leave the terminal building. Karachi's main thoroughfares are blocked. Smaller Pro-Chaudhry rallies try to reach to the airport, but violence erupts. Armed groups clash and over 40 people die. Iftikhar Chaudhry flies back to Islamabad.

August 22, 2007. The Supreme Judicial Council dismisses government’s charges against Iftikhar Chaurdry and reinstates him as Chief Justice.

Sept 17, 2007: Supreme Court hears arguments challenging General Pervez Musharraf’s candidacy for President while remaining Chief of Army.

October 6, 2007. Presidential elections are held. Musharraf wins another term from the outgoing national and provincial assemblies, pending Supreme Court's decision on the constitutionality of his candidacy.

November 2, 2007.  The Supreme Court judges hearing the case of Musharraf's eligibility as a candidate in the presidential elections hint that they will give their verdict on November 5.  It is rumored that this verdict would go against President Musharraf.

November 3, 2007. Musharraf declares a state of Emergency. Judges are asked to take fresh oath under the new provisional constitutional order promulgated by Musharraf. Fifty judges refuse and are dismissed, Iftikhar Chaudhry being one of them. Musharraf replaces the dismissed judges with individuals of his own choosing

November 19, 2007:  The Supreme Court judges installed by Musharraf dismiss challenges to Musharraf's candidacy, and legitimize his Presidency.

November 28, 2007: Pervez Musharraf steps down as Chief of Army

December 15, 2007: Musharraf lifts the state of Emergency.

February 18, 2008. General elections are held.

March 31, 2008: Pakistan People's Party (PPP) and Pakistan Muslim League (PML) form a coalition government, and promises to restore deposed judges within 30 days.

April 30, 2008: The 30 days are up, but the PPP and PML fail to reach a consensus on the fate of deposed judges.