November 17, 2008	Monday	Ziqa'ad 18, 1429

KARACHI, Nov 16: An independent judiciary is the panacea for most of the economic and social problems ailing the country, a former Supreme Court judge told a gathering of the legal fraternity here on Saturday.

Addressing the annual dinner of the Sindh High Court Bar Association, Rana Bhagwandas said the independence of the judiciary was not a mere slogan or political ploy but had crucial political, social and economic implications. No democracy can function without an independent judiciary, which also formed the bedrock of constitutional rule in a federal polity.

Recalling the crisis set off by ‘the mala fide and concocted’ reference against Chief Justice Iftikhar Mohammad Chaudhry on March 9, 2007, he said the Supreme Judicial Council disregarded even the elementary norms of justice in suspending the chief justice.

He said the acceptance of the Supreme Court decision to restore the chief justice was merely a tactical retreat. General Pervez Musharraf knew that he was ineligible to contest the presidential poll and apprehended that the Supreme Court would return a verdict against him.

He said his (General Musharraf’s) ulterior motive was fully exposed when he deposed superior court judges under the garb of emergency imposed by him as the army chief on Nov 3, 2007.

Giving the ‘reappointed’ judges the benefit of the doubt, he said they should prove by their conduct that it was only to save the judiciary from total destruction that they agreed to take a fresh oath.

Earlier, Justice Mushir Alam of the Sindh High Court said he never rued his decision not to take oath under the emergency proclamation. In fact, he regretted that he took a new oath under the 1999 provisional constitution order in 2000.

He said the Supreme Court order setting aside the PCO of Nov 3, 2007, was duly deliberated on by the SHC chief justice and judges. A late evening meeting decided in favour of not taking a fresh oath. The meeting was dispersed and a few judges decided to take oath in violation of the Supreme Court verdict.

Welcoming the guests earlier, SHCBA President Rasheed A. Razvi said March 9, 2007, was deliberately chosen for filing a reference against the chief justice because the senior puisne judge, Rana Bhagwandas, was away in India.

The matter would have been over within days before his return home had the lawyers not launched a campaign and he (Justice Bhagwandas) not decided to rush back.

He warned that those who believed that the lawyers’ movement would subside with the passing of time and re-induction of the deposed judges on the government’s terms were mistaken. “We want unconditional restoration of the superior judiciary as it existed on Nov 2, 2007,” he said.

SHCBA Secretary Munirur Rahman deplored the ruling party reneged on its solemn commitment to restore the judiciary. It was due to the lawyers’ struggle that the exiled leaders were able to return home and elections were held, he said.

He complimented the civil society, particularly the media, for realizing the gravity of the situation and rising to the occasion.