November 30, 2007	Friday	Ziqa’ad 19, 1428

LAHORE, Nov 29: One of the private rooms at Services Hospital in Lahore is declared a sub-jail. Guarded by alert policemen, not letting anyone in without proper identification, inside the sub-jail sits a detainee, Justice Tariq Mahmood (retired), a leading lawyer in the famous lawyers’ March 9 movement for the reinstatement of Chief Justice Iftikhar Mohammad Chaudhry.

Wearing shalwar kameez, Justice Mahmood looked reasonably well, despite braving 12 days of solitary confinement and his subsequent transfer to Sahiwal Jail after Gen Pervez Musharraf imposed a state of emergency.

He did not want to elaborate on the torture of being kept in a cold, dingy room where he was forced to sleep on a floor with threadbare rug serving as a bed and a flimsy wrap for blanket.

“I already had a back problem which was made worse by sleeping on the cold floor, and now I have developed this knee ache. The jail superintendent has requested the home secretary to allow me to be taken to Mayo Hospital for an MRI,” said Justice Mahmood.

The lawyer of the chief justice was arrested under two orders: one issued by the district magistrate of Islamabad Capital Territory; and the other by the Punjab government. The first order was withdrawn on Nov 23, but the second one is operative for 90 days.

In the course of the brief conversation, Justice Mahmood appealed to all political parties to boycott the upcoming general elections en masse, confirming a similar request by deposed Chief Justice Iftikhar Mohammad Chaudhry and Justice Wajihuddin (retired).

“I believe the chief justice and Justice Wajihuddin have made a valid demand and it is my personal desire that all political parties should boycott the elections to weaken Gen Musharraf’s position by de-legitimising them. He will have an extremely hard time in convincing his allies — the US and the European Union — of the legitimacy of the polls. This is where the political parties can play their role. For our part, the lawyers’ movement will continue against the PCO and for the restoration of the pre-emergency judiciary,” he said.

About the nomination papers filed by Aitzaz Ahsan and Ali Ahmad Kurd, both under detention, he said political impetus was necessary to put the government under pressure.

“Personally I don’t have any political ambitions, but I also believe that bar bodies can’t substitute for political parties. Both have a role in their own sphere. It is the achievement of a common objective where the two should meet. Whoever is fighting for the independence of the judiciary and restoration of the Constitution is on the same side. It does not matter what the channel is, we will all collectively be the beneficiaries of this struggle’s success,” reasoned Justice Mahmood.

Solitary confinement and psychological shenanigans of the government have not deviated Justice Tariq even momentarily from his stance when he says the fight will continue till the judiciary is restored.

Answering the question raised by many of the impracticability of such a demand which might never come about, he said: “Go back to the time of March 9, when the chief justice sahib was illegally fired. Did anyone have any idea how weak Musharraf would become? Even at that time some people were sceptical about our movement and didn’t think the chief justice would be reinstated. I think our March 9 drive had a momentous effect on civil society. Now people are aware of their rights, take interest in the Constitution and they know what the term independence of the judiciary means. It’s difficult to turn back the clock, least of all for Musharraf. What was started on the March 9 can’t be stopped now.”