Justice Wajih wants secret ballot

Published October 6, 2007

LAHORE, Oct 5: Presidential hopeful Justice Wajihuddin (retired) has asked the Election Commission of Pakistan to keep the balloting for the president’s office secret.

Speaking to lawyers at the Aiwan-i-Adl, the former judge said: “In the wake of the movement launched by lawyers, journalists and civil society, we have all the right to the popular vote but unfortunately we are going to meet defeat”.

He said the defeat would not matter much because at the end of the day, the people would emerge victorious. “It is somewhat a strange phenomenon that the whole nation binds itself together whenever the country faces difficult times like the war of 1965, the earthquake tragedy and now the presidential elections”, he said.

He said Gen Musharraf’s claim that he kept foremost the interest of Pakistan was a gimmick because “he keeps his own benefits supreme more than anything in the world”. He added that seeking a full court in cases against Gen Musharraf was a legitimate demand as evident from the community’s demand for a full court to hear the case against the chief justice of Pakistan.

Not only a full court, but four judges from all the high courts should also sit on the bench as ad hoc judges, he said. “Judges are not above accountability and criticising them for their conduct and judgements is our right and we would not withdraw from it,” he added.

He said journalists might need to slow down on that count “but we know that their hearts beat with ours, although the owners may carry a different line.” If the assemblies voted for Gen Musharraf, he said, they would end up electing a person who would rig the general elections and produce a puppet assembly to perpetuate his rule.

He said the practice would set a bad precedent and provide the outgoing assemblies with justification to hold hostage the will of the people. He said he would not talk about the National Reconciliation Ordinance because those striving for such an arrangement might return to the right path.

“This is nation’s last chance. Lawyers, journalists and civil society stand determined not to waste it at all,” he said. He said it was sad that the fate of the people was in the hands of those who daily smuggled 200 trucks of wheat to Afghanistan, Iran and India. First they exported wheat at $170 a ton and now they were importing it at the rate of $400, he said.

Justice Wajih said the movement for restoration of democracy and the rule of law would not succeed instantly as it would require perseverance. “But one thing is for sure. We would not let Musharraf go scot free,” he added.

Supreme Court Bar Association president Munir A Malik said the introduction of Justice Wajihuddin (retired) needed no explanation except that he had turned down the oath under the Provisional Constitutional Office. The lawyers had pitched the former judge as the presidential candidate because they were not only waging a struggle out on the streets but a constitutional battle in the courts as well.

“In the wake of rejection of petitions by Imran Khan and Qazi Husain Ahmad, we do not want to allow the Supreme Court with the justification that now a candidate conforming to the constitution is contesting for the presidential election,” he said. He said the Lahore Bar Association had proved to be the fulcrum of the lawyers’ movement and it would not let the lawyers deviate from their goal now.

He said the lawyers would keep their struggle alive until the people of Pakistan took their destiny in their own hands.

Ali Ahmad Kurd, member Pakistan Bar Council, said the lawyers had the courage and power to stop Gen Musharraf from keeping his tyrannical and unconstitutional hold on power.

“At least it is a matter of shame for me that an ordinary man like Gen Musharraf is keeping his hold on power illegally,” he said. He said people had been deprived of their rights and made to bow just because one man wanted to keep hold on power.

He said the country had seen such movements which simply vanished because the movers made deals.

He said the lawyers must make a vow not to let any Nawab, feudal or Tiwana become a member of the assembly because the country was not their estate.

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