AS-049-2007
March 14, 2007

A Statement by the Asian Human Rights Commission

PAKISTAN: Military regime at war with lawyers protesting attack on the Chief Justice

The virtual removal of Chief Justice Iftekhar Mohammad Chowdary by President Musharraf and the subsequent curtailing of his freedom of movement by putting him under house arrest has resulted in an  unprecedented protest from lawyers around the country. The massive response from Bar associations and lawyers all over Pakistan is a clear indication of the legal profession's perception that the judiciary and the legal profession are being seriously threatened by the military regime of President Musharraf.

For a long time now, there has been a sense of frustration among members of the legal profession who see this personal attack on the Chief Justice as a  blatant attempt by the military regime to complete its grip on power by silencing every form of legal avenue available to the citizens.

Throughout the past few days, there have been massive demonstrations in support of Chief Justice Chowdary. When he visited the Supreme Court along with his wife and children in response to a call by the Supreme Judicial Council regarding alleged misconduct and misuse of authority of which he was accused by the military regime, a large gathering of lawyers greeted him, showering him with flower petals and shouting slogans against the regime. In fact every since the Chief Justice was removed, there has been tight security throughout Islamabad with observers saying the security arrangements in place seemed as if they were to prevent a  major terrorist attack. However it was only in response to the in camera proceedings of the Supreme Judicial Council,which is to hear the charges filed by President Musharraf against Chief Justice Chowdary.

Before the  Supreme Judicial Council, the Chief Justice submitted a four page statement, inter alia, objecting to three Council members. In his objections, Justice Chowdary also said that  the Acting Chief Justice had been appointed  contrary to Article 180 of Pakistan's Constitution, which allows the appointment of an acting chief justice only when the office of the Chief Justice becomes vacant. The objections also stated that a reference against the Chief Justice could only be heard by the senior most judge of the Supreme Court. Accordingly Justice Chowdary had asked for a public inquiry that is fair and insisted such a hearing should not be conducted by judges who have objectionable backgrounds or personal biases against him.

The Chief Justice also complained about the harassment meted out to him and his family and the fact that his official residence was besieged by a heavy contingency of policemen. He also said, his family was not been allowed to go outside and his colleagues denied contact with him> Anyone who visited him had to wait for a considerably long time until high-ups in the military granted permission. Furthermore, his children had not been allowed to go to school, college and university; he had also been denied facilities such as telephone, television, and other amenities. Also, his staff was missing giving rise to suspicion that they were being held in detention until the authorities could fabricate some flimsy charges against them.

It is under these circumstances that the legal profession has mobilized themselves in massive numbers to protest. They have also  boycotted courts in most areas for four consecutive days. In some places Bar associations members formed human chains around court buildings to express their resolve  to uphold the independence of the judiciary. Some Provincial Bars have called for a deferment of the reference against the Chief Justice and insisted that his is in contravention of the Constitution of Pakistan. It seems, the legal profession is unwilling to bow down to the military rulers; in fact they are intensifying their protests around Pakistan. They have also vowed to continue their protests until the government withdraws its decision.

The demonstrations against the regime are indeed unrepresented in recent history. This is because, so far  the military regime has been able to use its power to crush all opposition on the pretext of 'anti terrorism'.  However this time around, the protest is by the legal profession itself. Nhence if military force is used to crush this democratic protest it is very likely that the protect will spur even more serious demonstrations from other professions and  sectors of Pakistani society.

Therefore in light of the deteriorating rule of law situation in Pakistan, the AHRC firmly believes that the lawyers engaged in this courageous struggle against the regime deserve the support of all those who are concerned with democratic and human rights and the rule of law which  has been threatened by the regime of President Musharraf.