RAWALPINDI, Feb 7: Rule of law can only be established by making dictators and their supporters accountable for their misrule and abrogation of the Constitution.
This was stated by deposed Lahore High Court (LHC) judge Khwaja Mohammad Sharif while addressing lawyers at the High Court Bar Association (HCBA) Rawalpindi on Thursday.
Justice Sharif said there was a mafia in the country that had cherished and maintained the status quo, adding that it included both civil and military bureaucracy, feudal politicians and the Supreme Court that had long been taking sides with dictators and validating their regimes.
He urged upon the lawyers to take their struggle to its logical end, i.e. rule of law and independence of judiciary.
The judge said President Pervez Musharraf could not put up with one judge, deposed chief justice Iftikhar Mohammad Chaudhry, after March 9, 2007, and questioned that how could he swallow more than 50 judges who eschewed oath under his controversial PCO.
Criticising the judges of higher judiciary who took oath under the PCO, Justice Sharif said had there been no PCO judge the judiciary would have been independent.
He said on November 2 when they learnt through media that a new PCO was to be promulgated, the judges of LHC Lahore bench gathered at the common room and decided to counter any such move and not to take new oath.
There were 31 judges of the LHC in different benches and 16 took fresh oath on November 3 and five others joined them later, making mockery of the constitution that they had pledged to protect, he added.
Praising the deposed judges of the Supreme Court, he said there were 17 judges in the court on November 2 and only five took fresh oath.
Giving the details of the situation after the PCO, he said there was an immense pressure from all quarters on him and other unwilling judges to take fresh oath.
“Many judges became judges again just on the insistence of their families that were not ready to give the official perks and privileges. I think by not becoming a PCO judge, though I was to be next chief justice, I have compensated for the most of the wrongs done by our judiciary that has been validating dictatorial rules in the past,” Justice Sharif said.
HCBA President Sardar Asmatullah welcomed the guest and assured him that the lawyers would continue raising voice for the cause of deposed judges and rule of law in the country.
Free judiciary a must for democracy
OUR CORRESPONDENT FROM TAXILA ADDS: Speaking at the oath-taking ceremony of the office-bearers of Taxila Bar Association here on Thursday, Justice Khwaja Mohammad Sharif said independent judiciary guaranteed rule of law in any society.
He said no society or system could survive without an independent judiciary, adding democracy would perish if there was no rule of law.
Justice Sharif vowed to continue the lawyers’ anti-government movement, adding all-out efforts would be made to restore deposed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry and other judges.
He also condemned the rearrest of Barrister Aitzaz Ahsan and Ali Ahmed Kurd.
He said Iftikhar Mohammad Chaudhry was the Chief Justice of Pakistan till 2013 according to the Constitution. He urged lawyers to continue their movement for the freedom of judiciary.
LHCBA Rawalpindi chapter president Sardar Asmatullah said the lawyers would continue their struggle till their objectives were achieved. Some elements are trying to sabotage the lawyers movement but they will not succeed in their designs, he added.
