REFERENCE ‘Charter and after’ (July 6). Raza Rabbani has called out for dealing with the danger to the spirit of the Charter of Democracy signed in 2006.
From Justice Muneer to Iftikhar Chaudhry our superior judiciary has always legitimised autocratic rule and martial law. The Charter had rightly declared the unacceptability of any judge who took the oath under a PCO.
Yet both the PPP and PML(N) turned the whole country upside down in reinstating a judge who had taken the oath under the PCO as a judge in the Balochistan High Court, then the Supreme Court and finally as the dictator’s selected Chief Justice.
Having served their purpose the generals asked him to leave but he “refused to resign”: the three most touted words for gallantry and bravery. Although “refused to resign” could also mean “wanted to continue”, working with the dictator that is, like in the preceding years.
He mixed with hordes of lawyers and political supporters in countrywide processions and served as their mascot. Many lives were lost. They sacrificed a lot to make him functional again. Even a non-functional judge would be overwhelmed with gratitude for this relentless support.
Nawaz Sharif himself led the final charge. Aitzaz Ahsan was in the driver’s seat. Not to have a soft corner for these leaders would be impossible. Judicial tradition would require him to opt out (resign) on his own volition. But he loved to be chief justice: whether it was with a dictator or democracy was secondary.
Nawaz Sharif benefited most in the ‘payback’. He settled scores with Pervez Musharraf and appeared to win the 2013 elections. That Aitzaz Ahsan got nothing for all his toilsome driving is unfortunate.
When it suited them, the signatories themselves broke their pledge: “Never to accept a PCO judge”. The Charter was, in fact, just a ploy to get back to power and have their hands deep in the kitty once again. There was no love lost for true democracy.
Capt. S. Afaq Rizvi
Karachi
Published in Dawn, July 24th, 2014
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