By Muhammad Najeeb, IANS
Islamabad : Pakistan’s sacked chief justice Monday appealed to citizens, especially lawyers, to continue their struggle against the imposition of emergency and fight for “real democracy” in the country.
In a written statement, Iftikhar Muhammad Chaudhry said: “It is the duty of all citizens of this country, and lawyers in particular, to continue their struggle for the supremacy of the constitution, rule of law, independence of judiciary and real democracy.”
According to some analysts, the former chief justice has, in fact, asked for agitation against the military and could be tried for this “treason”. Under the law, anyone calling for mutiny or rebellion can be charged with treason.
Chaudhry in his statement said that he was “virtually arrested and so are my other learned brothers of the Supreme Court who refused to take oath under PCO (Provisional Constitutional Order). The main gate of my residence has been locked”.
President Pervez Musharraf, while announcing imposition of emergency on Saturday evening, said the courts were unnecessarily interfering in the executive affairs. He also accused the courts of ordering release of some of the convicted terrorists.
But Justice Chaudhry said that the judiciary has never favoured terrorism or terrorists. He said, “I, on behalf of the judiciary, deplore acts of terrorism in all forms and as a matter of fact the judiciary has always condemned such acts.”
Justifying the suo motu actions against government officials, Chaudhry said that all Supreme Court judges were taking suo motu action against the “bad governance” in the country.
Hinting that he and his colleagues have not accepted the termination orders served on them on Saturday, the former chief justice called himself as “Chief Justice of Pakistan”.
The brief 250-word statement read: “Statement of the Hon’able Chief Justice of Pakistan, Mr Justice Iftikhar Muhammad Chaudhry.”
Justice Chaudhry said that he and his brother judges would continue to give relief to the people.
“The bad governance forced people to approach the Supreme Court for remedy in those cases, and the Supreme Court could not abdicate its jurisdiction or turn a blind eye to such situations and all Hon’able judges of the Supreme Court are determined to do so in the future, Inshallah (god willing),” said the statement.
The statement dated Nov 5, 2007, condemned the imposition of emergency. It said, “The acts of Proclamation of Emergency and the Provisional Constitutional Order are highly unfounded, unconstitutional, illegal and without lawful authority.”
The statement said that the order was a “flagrant and naked” attack on the constitution, rule of law and the independence of the judiciary.
It said there was no justification for all the steps taken by the government in the last couple of days. “The treatment meted out to the Hon’able judges of the Supreme Court and High Courts after the proclamation of emergency is incompatible with all norms of decency besides being unconstitutional and unlawful,” it said.