At stake is not only Mr. Chaudhry’s future, but also that of General Musharraf, since the president is likely to face several legal challenges in the Supreme Court this year as he seeks re-election while continuing to hold the title of army chief of staff.
NYTimes
Musharraf’s own future may depend on the outcome. He is likely to face several legal challenges in the Supreme Court this year as he seeks re-election as president while continuing to serve as the chief of the army staff, the highest military post in the country. Seven and a half years after Musharraf seized power in a coup, calls are growing around the country for a change from military rule.
Hamilton Spectator
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Things really heating up and shaping at the Political (as well as socio-economic) front of Pakistan.
During the trial arguments of Chief Justice Iftikhar Ch., Aitzaz Ahsan insisted on President’s malice be noticed or reviewed in CJP case to which Justice Ramday replied only the Parliament can do that and not the court according to Article 248 of the Constitution under which the president was not answerable to any court for the exercise of powers and functions of their respective office or for any act done or purported to be done in the exercise of those powers and performance of those functions, Mr Ahsan said the Article did not cover immunity if malice was alleged. Barrister Aitzaz Ahsan furthr said that in the Haji Saifullah case it had been held by the court that opinion formed by the president be questioned on the basis of malice.
But the biggest bomb of yesterday’s hearing was the affidavit filed by Aitzaz Ahsan and CJP Iftikhar Ch. and there are some revelations Musharraf wouldn’t have liked. What CJP Iftikhar Ch. said in the affidavit can be noted down in following points:
President General Pervez Musharraf told him on March 9 that he would be “accommodated” if he resigned.
2- In the affidavit, Justice Chaudhry revealed the inside story of his March 9 ‘forced stay’ at Army House in Rawalpindi, where he was left with intelligence chiefs for five hours after he refused to resign. He said that he was allowed to go home unceremoniously only after he was stripped of his judicial powers and his official vehicle was stripped of the national flag and official insignia.
3- In the affidavit under oath the CJP said that his chamber was sealed by intelligence agencies and that the newly appointed SC registrar gave some important files to the ISI. (The same registrar is DEAD now. Coincidence?)
4- According to the affidavit, CJP said that he reached Army House at 11:30 am on March 9 with his protocol staff. Five minutes later, President Musharraf came into the room in his military uniform along with his military secretary and ADC.
5- A number of TV cameramen and photographers were also called in.
6- The president told him about a complaint against him by a Peshawar High Court judge and some other complaints. (Didn’t President said he took the notice himself and then said Prime Minister Shaukat Aziz filed a complaint against CJP. I mean, are we friggin’ nuts or Musharraf just so vehemently looks down upon his nation that he can say whatever he wants to and yet get away with it?)
7- Then he directed his staff to call other persons including his chief of staff (COS), the prime minister, chiefs of the Military Intelligence (MI), Inter Services Intelligence (ISI) and Intelligence Bureau (IB) and another official. All officials, except the IB chief and the COS, were in uniform, the CJP said. (Bingo)
8- Justice Chaudhry said that the president read out the allegations against him from small pieces of paper, as there was no consolidated document, and the allegations were based on a “notorious letter” written by lawyer Naeem Bukhari.
9- The CJP was accused of being driven in a Mercedes, to which he replied: “Here is the prime minister, ask him, he has sent the car himself.” On this, the PM did not reply even by gesture, the CJP said.
10- “I was kept there absolutely against my will till 5pm. I was stopped there on one pretext or the other and at one stage was told the president will once again see me. “After 5pm, the MI chief told me `This is a bad day. Now you are taking a separate way and you are informed that you have been restrained from working as a judge of the Supreme Court or the Chief Justice of Pakistan’.”
11- He said that he had been detained along with his family members including his infant child of seven years from the evening of March 9, 2007 till March 13. He had to walk till the other end of the road when the police officer confronted him and manhandled him as has now been established by a judicial enquiry.
12- Even a retired judge of the Apex Court Mr Justice (R) Munir A Sheikh was not allowed to meet him.
13- He said he believed that his entire house has been bugged and at the Sindh House which is located right opposite the residence of the deponent, the officials of the agencies other than police have established a place therein to keep an eye on those who come and visit him. (while many people would easily believe that, for some others, former IB chief Masood Sharif has admitted in the Geo Program “Merey Mutabiq” that the surveillance of important political and non-political parties and persons including their kidnappings happen without court’s notice or knowledge. Whoa. Some discipline)
14- When Aitzaz Ahsan told the SC full court hearing the CJP’s petition about the filing of the affidavit on Tuesday, Justice Khalilur Rehman Ramday, who heads the full court, said he should not have done this, BBC Urdu reported.
http://www.dawn.com/2007/05/30/top1.htm
Later at AAJ TV in the program ‘Bolta Pakistan’ Barrister Aitzaz Ahsan, who’s representing CJP Iftikhar Ch., was asked whether it was true that Justice Ramday remarked ‘he (CJP) shouldn’t have done it’ Aitzaz Ahsan twisted the answer but you could only make out he meant it didn’t happen that way. Now the cat’s out of the bag and she’s meoowing.
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To my younger friends and readers in whom I seek great inspiration and energy to do what they ought to, my elder friends and readers in whom I seek great wisdom and guidance and my colleagues with whom I aspire to work together to fight till end against tyranny, inequal distribution of wealth and power and ignorance, I have a gift of verse by Allama Iqbal from Baal-e-Jibreel (7 or 8th)
It’s a message of hope, love and happiness and all the good days to come. Our very dear and loved Instructor Maj. Waseem Butt used to say, one who isn’t loved (doesn’t possess love) can’t give love. I have hope and I pass it on to you so you keep it alive.
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