Chief Justice of pakistan open letter to world leaders

His Excellency The President of the European Parliament, Brussels. His Excellency The President of France , Paris. His Excellency The Prime Minister of the United Kingdom , London. Her Excellency Ms. Condaleeza Rice, Secretary of State, United States of America, Washington D.C. Professor Klaus Schwab, World Economic Forum, Geneva. All through their respective Ambassodors, High Commissioners andrepresentatives. Excellency, I am the Chief Justice of Pakistan presently detained in my residencesince November 3, 2007 pursuant to some verbal, and unspecified, orderpassed by General Musharraf. I have found it necessary to write to you, and others, because duringhis recent visits to Brussels , Paris , Davos and London GeneralMusharraf has slandered me, and my colleagues, with impunity in pressconferences and other addresses and meetings. In addition he haswidelydistributed, among those whom he has met, a slanderous document(hereinafterthe Document) entitled: “PROFILE OF THE FORMER CHIEF JUSTICE OFPAKISTAN”. I might have let this go unresponded but the Document,unfortunately, is such an outrage that, with respect, it is surprisingthat aperson claiming to be head of state should fall to such depths as tocirculate such calumny against the Chief Justice of his own country. In view of these circumstances I have no option but to join issuewith General Musharraf and to put the record straight. Since he hasvoicedhis views on several public occasions so as to reach out to the publicat large, I also am constrained to address your excellencies in anOpen Letter to rebut the allegations against me. At the outset you may be wondering why I have used the words“claiming to be the head of state”. That is quite deliberate.GeneralMusharraf’s constitutional term ended on November 15, 2007 . Hisclaim toa further term thereafter is the subject of active controversy beforethe Supreme Court of Pakistan. It was while this claim was underadjudication before a Bench of eleven learned judges of the SupremeCourt thatthe General arrested a majority of those judges in addition to me onNovember 3, 2007 . He thus himself subverted the judicial processwhichremains frozen at that point. Besides arresting the Chief Justice andjudges (can there have been a greater outrage?) he also purported tosuspend the Constitution and to purge the entire judiciary (even theHighCourts) of all independent judges. Now only his hand-picked andcompliant judges remain willing to “validate” whatever he demands.And allthis is also contrary to an express and earlier order passed by theSupreme Court on November 3, 2007 . Meantime I and my colleagues remain in illegal detention. With me arealso detained my wife and three of my young children, all school-goingand one a special child. Such are the conditions of our detention thatwe cannot even step out on to the lawn for the winter sun becausethat space is occupied by police pickets. Barbed wire barricadessurroundthe residence and all phone lines are cut. Even the water connectiontomy residence has been periodically turned off. I am being persuaded toresign and to forego my office, which is what I am not prepared to do. I request you to seek first hand information of the barricades and ofmy detention, as that of my children, from your Ambassador/HighCommissioner/representative in Pakistan . You will get a report ofsuchcircumstances as have never prevailed even in medieval times. Andthese areconditions put in place, in the twenty-first century, by a Governmentthat you support. Needless to say that the Constitution of Pakistan contains noprovision for its suspension, and certainly not by the Chief of ArmyStaff.Nor can it be amended except in accordance with Articles 238 and 239which is by Parliament and not an executive or military order. As suchallactions taken by General Musharraf on and after November 3 are illegaland ultra vires the Constitution. That is why it is no illusion when Idescribe myself as the Chief Justice even though I am physically andforcibly incapacitated by the state apparatus under the command of theGeneral. I am confident that as a consequence of the brave andunrelenting struggle continued by the lawyers and the civil society,theConstitution will prevail. However, in the meantime, General Musharraf has launched upon avigourous initiative to defame and slander me. Failing to obtain mywillingabdication he has become desperate. The eight-page Document is thelatest in this feverish drive. Before I take up the Document itself let me recall that the Generalfirst ousted me from the Supreme Court on March 9 last year whilefilingan indictment (in the form of a Reference under Article 209 of theConstitution) against me. According to the General the Reference hadbeenprepared after a thorough investigation and comprehensively containedall the charges against me. I had challenged that Reference and myouster before the Supreme Court. On July 20 a thirteen member Benchunanimously struck down the action of the General as illegal andunconstitutional. I was honourably reinstated. The Reference was thus wholly shattered and all the charges containedtherein trashed. These cannot now be regurgitated except in contemptof the Supreme Court. Any way, since the Document has been circulatedbyno less a person than him I am constrained to submit the following foryour kind consideration in rebuttal thereof: The Document is divided into several heads but the allegationscontained in it can essentially be divided into two categories: thoseallegations that were contained in the Reference and those that werenot. Quite obviously, those that are a repeat from the Reference hold nowater as these have already been held by the Supreme Court to not beworth the ink they were written in. In fact, the Supreme Court foundthatthe evidence submitted against me by the Government was so obviouslyfabricated and incorrect, that the bench took the unprecedented stepoffining the Government Rs. 100,000 (a relatively small amount in dollarterms, but an unheard of sum with respect to Court Sanction inPakistan)for filing clearly false and malicious documents, as well as revokingthe license to practice of the Advocate on Record for filing falsedocuments. Indeed, faced with the prospect of having filed clearlyfalsified documents against me, the Government’s attorneys,including theAttorney General, took a most dishonorable but telling approach. Eachone,in turn, stood before the Supreme Court and disowned theGovernment’s Reference, and stated they had not reviewed theevidence against mebefore filing it with Court. They then filed a formal request to theCourt to withdraw the purported evidence, and tendered anunconditionalapology for filing such a scandalous and false documents. So baselessand egregious were the claims made by General Musharraf that on July20th, 2007, the full Supreme Court for the first time in Pakistan ’shistory, ruled unanimously against a sitting military ruler andreinstatedme honorably to my post. Despite having faced these charges in open court, must I now beslandered with those same charges by General Musharraf in worldcapitals,while I remain a prisoner and unable to speak in my defense? There are, of course, a second set of charges. These were notcontained in the Reference and are now being bandied around by theGeneral atevery opportunity. I forcefully and vigorously deny every single one of them. The truthof these “new” allegations can be judged from the fact that theyall ostensibly date to the period before the reference was filedagainstme last March, yet none of them was listed in the already bogus chargesheet. If there were any truth to these manufactured charges, the Governmentshould have included them in the reference against me. God knows theythrew in everything including the kitchen sink into that scurrilous450page document, only to have it thrown out by the entire Supreme Courtafter a 3 month open trial. The charges against me are so transparently baseless that GeneralMusharraf’s regime has banned the discussion of my situation and thecharges in the broadcast media. This is because the ridiculous andflimsynature of the charges is self-evident whenever an opportunity isprovided to actually refute them. Instead, the General only likes to recite his libel list from arostrum or in gathering where there is no opportunity for anyone torespond.Incidentally, the General maligns me in the worst possible way atevery opportunity. That is the basis for the Document he hasdistributed.But he has not just deposed me from the Judiciary. He has also firedmore than half of the Superior Judiciary of Pakistan – nearly 50judgesin all -- together with me. They have also been arrested and detained. What are the charges against them? Why should they be fired andarrested if I am the corrupt judge? Moreover even my attorneys AitzazAhsan, Munir Malik, Tariq Mahmood and Ali Ahmed Kurd were alsoarrested onNovember 3. Malik alone has been released but only because both hiskidneys collapsed as a result of prison torture Finally, as to the Document, it also contains some furtherallegations described as “Post-Reference Conduct” that isattributed to meunder various heads. This would mean only those allegedly‘illegal’actions claimed to have been taken by me after March 9, 2007 . Theseareunder the heads given below and replied to as under: “Participation in SJC (Supreme Judicial Council) Proceedings”: (a) Retaining ‘political lawyers’: Aitzaz Ahsan and ZammurradKhan: It is alleged that I gave a political colour to my defence byengaging political lawyers Aitzaz Ahsan and Zamurrad Khan bothPakistanPeoples’ Party Members of the National Assembly. The answer issimple. I sought to engage the best legal team in the country. Mr. Ahsan isof course an MNA (MP), but he is also the top lawyer in Pakistan . Forthat reference may be made simply to the ranking of Chambers andPartners Global. Such is his respect in Pakistan ’s legal landscapethat hewas elected President of the Supreme Court Bar Association of Pakistanby one of the widest margins in the Association’s history. All high profile personalities have placed their trust in histalents. He has thus been the attorney for Prime Ministers Bhutto andSharif,(even though he was an opponent of the latter) Presidential candidate(against Musharraf) Justice Wajihuddin, sports star and politicianImranKhan, former Speakers, Ministers, Governors, victims of politicalvendetta, and also the internationally acclaimed gang-rape victimMukhtarMai, to mention only a few. Equally important, Barrister Ahsan is a man of integrity who is knownto withstand all pressures and enticements. That is a crucial factorin enaging an attorney when one’s prosecutor is the sitting militaryruler, with enourmous monetary and coercive resources at his disposal. Mr. Zamurrad Khan is also a recognized professional lawyer, a formerSecretary of the District Bar Rawalpindi, and was retained by Mr.Aitzaz Ahsan to assist him in the case. Mr. Khan has been a leadinglight ofthe Lawyers’ Movement for the restoration of the deposed judiciaryand has bravely faced all threats and vilification. Finally, surely I am entitled to my choice of lawyers and not that ofthe General. (b) “Riding in Mr. Zafarullah Jamali (former Prime Minister)’scar”: How much the Document tries to deceive is apparent from theallegation that I willingly rode in Mr. Jamali’s car for the firsthearing ofthe case against me on March 13 (as if that alone is an offence).Actually the Government should have been ashamed of itself forcreating thecircumstances that forced me to take that ride. Having been stripped of official transport on the 9th March (myvehicles were removed from my house by the use of fork lifters), Idecidedto walk the one-mile to the Supreme Court. Along the way I wasmolestedand manhandled, my hair was pulled and neck craned in the full blazeofthe media, by a posse of policemen under the supervision of theInspector General of Police. (A judicial inquiry, while I was stilldeposed,established this fact). In order to escape the physical assault I tookrefuge with Mr. Jamali and went the rest of the journey on his car.Instead of taking action against the police officials for manhandlingtheChief Justice it is complained that I was on the wrong! (c) “Creating a political atmosphere”: Never did I instigate or invite any “political atmosphere”. Inever addressed the press or any political rally. I kept my lipssealedeven under extreme provocation from the General and his ministers whowere reviling me on a daily basis. I maintained a strict judicialsilence.I petitioned the Supreme Court and won. That was my vindication. “Country wide touring and Politicising the Issue”: The Constitution guarantees to all citizens free movement throughoutPakistan . How can this then be a complaint? By orders dated March 9 and 15 (both of which were found to bewithout lawful authority by the Court) I had been sent of “forcedleave”.I could neither perform any judicial or administrative functions asthe Chief Justice of Pakistan. I was prevented not only from sittingincourt but also from access to my own chamber by the force of armsunderorders of the General. (All my papers were removed, even privatedocuments). The only function as ‘a judge on forced leave’ that I couldperform was to address and deliver lectures to various BarAssociations. Iaccepted their invitations. They are peppered all over Pakistan . Ihadto drive to these towns as all these are not linked by air. On the waythe people of Pakistan did, indeed, turn out in their millions, oftenwaiting from dawn to dusk or from dusk to dawn, to greet me. But Inever addressed them even when they insisted that I do. I never spoketothe press. I sat quietly in my vehicle without uttering a word. Allthisis on the record as most journeys were covered by the media live andthroughout. I spoke only to deliver lectures on professional and constitutionalissues to the Bar Associations. Transcripts of every single one of myaddresses are available. Every single word uttered by me in thoseaddresses conforms to the stature, conduct and non-political nature oftheoffice of the Chief Justice. There was no politics in thesewhatsoever. Idid not even mention my present status or the controversy or theproceedings before the Council or the Court, not even the Reference.Not evenonce. All the persons named in the Document under this head are lawyers andwere members of the reception committees in various towns and BarAssociations. Political Leaders Calling on CJP residence: It is alleged that I received political leaders while I was deposed.It is on the record of the Supreme Judicial Council itself that I wasdetained after being deposed on March 9. The only persons allowed tomeet me were those cleared by the Government. One was a seniorpoliticalleader. None else was allowed to see me, initially not even mylawyers.How can I be blamed for whomsoever comes to my residence? Had I wanted to politicize the issue I would have gone to the Pressor invited the media. I did not. I had recourse to the judicialprocessfor my reinstatement and won. The General lost miserably in a fair andstraight contest. That is my only fault. “Conclusion”: Hence the conclusion drawn by the General that charges had beenproved against me ‘beyond doubt’ is absolutely contrary to thefacts andwide off the mark. It is a self-serving justification of the eminentlyillegal action of firing and arresting judges of superior courts underthe garb of an Emergency (read Martial Law) when the Constitution was‘suspended’ and then ‘restored’ later with drastic and illegal‘amendments’ grafted into it. The Constitution cannot be amended except by the two Houses ofParliament and by a two-thirds majority in each House. That is theletter ofthe law. How can one man presume or arrogate to himself that power? Unfortunately the General is grievously economical with the truth (Irefrain from using the word ‘lies’) when he says that the chargesagainst me were ‘investigated and verified beyond doubt’. Asexplained above, these had in fact been rubbished by the Full CourtBench ofthe Supreme Court of Pakistan against which judgment the governmentfiled no application for review. What the General has done has serious implications for Pakistan andthe world. In squashing the judiciary for his own personal advantageandnothing else he has usurped the space of civil and civilized society.If civilized norms of justice will not be allowed to operate then thatspace will, inevitably, be occupied by those who believe in morebrutaland instant justice: the extremists in the wings. Those are the veryelements the world seems to be pitted against. Those are the veryelements the actions of the General are making way for. Some western governments are emphasizing the unfolding of thedemocratic process in Pakistan . That is welcome, if it will be fair.But, andin any case, can there be democracy if there is no independentjudiciary? Remember, independent judges and judicial processes preceded fullfranchise by several hundred years. Moreover, which judge in Pakistantoday can be independent who has before his eyes the fate and exampleofhis own Chief Justice: detained for three months along with his youngchildren. What is the children’s crime, after all? There can be no democracy without an independent judiciary, and therecan be no independent judge in Pakistan until the action of November 3is reversed. Whatever the will of some desperate men the struggle ofthe valiant lawyers and civil society of Pakistan will bear fruit.Theyare not giving up. Let me also assure you that I would not have written this letterwithout the General’s unbecoming onslaught. That has compelled me toclarify although, as my past will testify, I am not given intoenteringinto public, even private, disputes. But the allegations against mehavebeen so wild, so wrong and so contrary to judicial record, that I havebeen left with no option but to put the record straight. After all, aprisoner must also have his say. And if the General’s hand-pickedjudges, some living next door to my prison home, have not had thecourage toinvoke the power of ‘habeas corpus’ these last three months, whatother option do I have? Many leaders of the world and the media maychoose to brush the situation under the carpet out of love of theGeneral.But that will not be. Nevertheless, let me also reassure you that I continue in my resolvenot to preside any Bench which will be seized of matters pertaining tothe personal interests of General Musharraf after the restoration ofthe Constitution and the judges, which, God willing, will be soon. Finally, I leave you with the question: Is there a precedent inhistory, all history, of 60 judges, including three Chief Justices (oftheSupreme Court and two of Pakistan ’s four High Courts), beingdismissed, arrested and detained at the whim of one man? I have failedtodiscover any such even in medieval times under any emperor, king, orsultan,or even when a dictator has had full military sway over any country inmore recent times. But this incredible outrage has happened in the21st century at the hands of an extremist General out on a ‘charmoffensive’ of western capitals and one whom the west supports. I am grateful for your attention. I have no other purpose than toclear my name and to save the country (and perhaps others as well)fromthe calamity that stares us in the face. We can still rescue it fromallkinds of extremism: praetorian and dogmatic. After all, the edifice ofan independent judicial system alone stands on the middle groundbetween these two extremes. If the edifice is destroyed by the one,theground may be taken over by the other. That is what is happening inPakistan . Practitioners of rough and brutal justice will be welcomedinspaces from where the practitioners of more refined norms of justiceandbalance have been made to abdicate. I have enormous faith that the Constitution and justice will soonprevail. Yours truly, Iftikhar Mohammad Choudhry, Chief Justice of Pakistan , Presently: imprisoned in the Chief Justice’s House, Islamabad ( Pakistan)