News / Asia

Pakistan's Highest Court Loses Independent Chief

Pakistani lawyers hold up a poster of Supreme Court Chief Justice Iftikhar Muhammad Chaudhry as they mark his retirement outside the Supreme Court building in Islamabad, Dec. 11, 2013.
Pakistani lawyers hold up a poster of Supreme Court Chief Justice Iftikhar Muhammad Chaudhry as they mark his retirement outside the Supreme Court building in Islamabad, Dec. 11, 2013.
Ayaz Gul
Pakistan's Supreme Court Chief Justice Iftikhar Mohammad Chaudhry retired on Wednesday. The fiercely independent judge played a key role in establishing independence of the judiciary in Pakistan and led a nationwide legal movement that forced out a military ruler. But Chaudhry’s tenure was not free of controversies.

In 2007, Chaudry rose to prominence when he increasingly questioned attempts by then-president, General Pervez Musharraf, to cling to power.

The military ruler asked the judge to step down.  Chaudhry refused. That kind of defiance was unprecedented in Pakistan where the judiciary was long seen as pro-army.

Musharraf later fired him and hundreds of other judges by imposing a state of emergency. The controversial move triggered nationwide street protests.

The galvanized opposition led to the election defeat of Musharraf’s political allies, eventually forcing the once powerful military leader to step down and allowing the judges to return.

In a report this month, the Geneva-based International Commission of Jurists said Chaudhry's tenure strengthened human rights in Pakistan. 

“An independent judiciary is crucial for human rights and there is no doubt that the Pakistan judiciary began to hold the executive branch in particular to account and for many Pakistanis the Supreme Court came to be seen as a beacon of hope for ending corruption and for imposing justice. No question about that,” said Sam Zarifi, regional director of the International Commission of Jurists. 

Under Chaudhry, the Supreme Court intervened in matters ranging from traffic regulations to civil service appointments and even questioned contracts between the government and foreign companies - one of the reasons experts cite for declining foreign investment in Pakistan.

And instead of reforming the judiciary, some critics say that Chaudhry ignored many human rights cases and focused only on high-profile ones. 

“The lawyers had hoped that they would come back as a reformed court with some humility and wisdom but we did not expect that they are going to come back to gain power," said Asma Jehangir, a senior attorney who took cases before the Supreme Court. "I think the courts are not there to show that they are powerful but they are effective. So, for us as lawyers we feel that many of our clients and litigants have not got justice because their cases have not been heard because the chief justice was too busy doing high visibility cases.”

Still the Supreme Court’s fight with the military and its intelligence agencies over rights abuses was widely praised. Pakistani security forces have been frequently accused of detaining suspects without charging them, citing a need to combat terrorism.

Under Chaudhry, the court consistently demanded the authorities reveal the whereabouts of hundreds of missing people who relatives allege were held by security personnel.

But court monitors like Zarifi say the court did not go far enough.

“While the court has been very effective and active in trying to set in place the identification of those subjected to enforced disappearances when it comes to actual accountability, the court has been very, very strangely reluctant. We still have not seen any members of the security forces held to account despite very clearly being implicated,” he said.

Chaudhry's designated successor, Tassaduq Hussain Jillani, is described by legal observers as “a gentleman” and expect him to steer clear of intervening in government policy. But attorney Jehangir says that may not be easy.

“I am hoping that it will be better," she said. "There is a very thin line between justice through a process and rough and easy justice. Now he [Chaudhry] has left that taste of rough and easy justice in the public, which means that the judiciary that is going to succeed him will have a very tough time.”

Jillani will take the oath of office on Thursday.

You May Like

Photogallery Pistorius Sentenced, Taken to Prison

Pistorius, convicted of culpable homicide in shooting death of girlfriend Reeva Steenkamp, will likely serve about 10 months of five-year sentence, before completing it under house arrest More

UN to Aid Central Africa in Polio Vaccinations

Synchronized vaccinations will be conducted after Cameroon reports a fifth case of the wild polio virus in its territory More

WHO: Ebola Vaccine Could Be in Use by January

WHO assistant director Dr. Marie Paule Kieny says clinical trials of Ebola vaccines are underway or planned in Europe, US and Africa More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
After Decades of Pressure, Luxembourg Drops Bank Secrecy Rulesi
X
October 21, 2014 12:20 AM
European Union finance ministers have reached a breakthrough agreement that will make it more difficult for tax cheats to hide their money. The new legislation, which had been blocked for years by countries with a reputation as tax havens, was approved last week after Luxembourg and Austria agreed to lift their vetoes. But as Mil Arcega reports, it doesn’t mean tax cheats have run out of places to keep their money hidden.
Video

Video After Decades of Pressure, Luxembourg Drops Bank Secrecy Rules

European Union finance ministers have reached a breakthrough agreement that will make it more difficult for tax cheats to hide their money. The new legislation, which had been blocked for years by countries with a reputation as tax havens, was approved last week after Luxembourg and Austria agreed to lift their vetoes. But as Mil Arcega reports, it doesn’t mean tax cheats have run out of places to keep their money hidden.
Video

Video Kobani Refugees Welcome, Turkey Criticizes, US Airdrop

Residents of Kobani in northern Syria have welcomed the airdrop of weapons, ammunition and medicine to Kurdish militia who are resisting the seizure of their city by Islamic State militants. The Turkish government, however, has criticized the operation. VOA’s Scott Bobb reports from southeastern Turkey, across the border from Kobani.
Video

Video China Political Meeting Seeks to Improve Rule of Law

China’s communist leaders will host a top level political meeting this week, called the Fourth Plenum, and for the first time in the party’s history, rule of law will be a key item on the agenda. Analysts and Chinese media reports say the meetings could see the approval of long-awaited measures aimed at giving courts more independence and include steps to enhance an already aggressive and high-reaching anti-corruption drive. VOA’s Bill Ide has more from Beijing.
Video

Video US ‘Death Cafes’ Put Focus on the Finale

In contemporary America, death usually is a topic to be avoided. But the growing “death café” movement encourages people to discuss their fears and desires about their final moments. VOA’s Jerome Socolovsky reports.
Video

Video Ebola Orphanage Opens in Sierra Leone

Sierra Leone's first Ebola orphanage has opened in the Kailahun district. Hundreds of children orphaned since the beginning of the Ebola outbreak face stigma and rejection with nobody to care for them. Adam Bailes reports for VOA about a new interim care center that's aimed at helping the growing number of children affected by Ebola.
Video

Video Young Nairobi Tech Innovator on 'Track' in Security Business

A 24-year-old technology innovator in Nairobi has invented a tracking device that monitors and secures cars. He has also come up with what he claims is the most robust audio-visual surveillance system yet. As Lenny Ruvaga reports from the Kenyan capital, his innovations are offering alternative security solutions.
Video

Video Latinas Converting to Islam for Identity, Structure

Latinos are one of the fastest growing groups in the Muslim religion. According to the Pew Research Center, about 6 percent of American Muslims are Latino. And a little more than half of new converts are female. VOA’s Carolyn Presutti travelled to Miami, Florida -- where two out of every three residents is Hispanic -- to learn more.
Video

Video Exclusive: American Joins Kurds' Anti-IS Fight

The United States and other Western nations have expressed alarm about their citizens joining Islamic State forces in Syria and Iraq. In a rare counterpoint to the phenomenon, an American has taken up arms with the militants' Syrian Kurdish opponents. Elizabeth Arrott has more in this exclusive profile by VOA Kurdish reporter Zana Omer in Ras al Ayn, Syria.
Video

Video South Korea Confronts Violence Within Military Ranks

Every able-bodied South Korean male between 18 and 35 must serve for 21 to 36 months in the country’s armed forces, depending upon the specific branch. For many, service is a rite of passage to manhood. But there are growing concerns that bullying and violence come along with the tradition. Reporter Jason Strother has more from Seoul.
Video

Video North Carolina Emerges as Key Election Battleground

U.S. congressional midterm elections will be held on November 4th and most political analysts give Republicans an excellent chance to win a majority in the U.S. Senate, which Democrats now control. So what are the issues driving voters in this congressional election year? VOA National Correspondent Jim Malone traveled to North Carolina, one of the most politically competitive states in the country, to find out.
Video

Video Comanche People Maintain Pride in Their Heritage

The Comanche (Indian nation) once were called the “Lords of the Plains,” with an empire that included half the land area of current day Texas, large parts of Oklahoma, New Mexico, Kansas and Colorado.The fierceness and battle prowess of these warriors on horseback delayed the settlement of most of West Texas for four decades. VOA’s Greg Flakus reports from Lawton, Oklahoma, that while their warrior days are over, the 15,000 members of the Comanche Nation remain a proud people.
Video

Video Turkey Campus Attacks Raise Islamic Radicalization Fears

Concerns are growing in Turkey of Islamic radicalization at some universities, after clashes between supporters of the jihadist group Islamic State (IS) or ISIS, and those opposed to the extremists. Pro-jihadist literature is on sale openly on the streets of Istanbul. Critics accuse the government of turning a blind eye to radicalism at home, while Kurds accuse the president of supporting IS - a charge strongly denied. Henry Ridgwell reports from London.

All About America

AppleAndroid