Chief Justice gets the flag back

Published March 23, 2009

ISLAMABAD, March 22 More than 12 hours into his restored era starting Saturday-Sunday midnight, Chief Justice Iftikhar Muhammad Chaudhry got back the national flag that was removed on November 3, 2007, after he had been sacked by the then military ruler General Pervez Musharraf.

An `unofficial` flag-hoisting ceremony was held outside the chief justice`s residence only hours after the midnight change of guards, when the government`s executive order to restore the sacked judges came into affect.

The chief justice himself stayed away from all this and remained inside his residence as what lawyers say is required by the judicial code of conduct.

The ceremony announced by one of the leading lights of the lawyers` movement, Barrister Aitzaz Ahsan, turned into a victory convention with a surprising mix of audience. Over a 100 madressah students and the same number of minority residents of Islamabad celebrated next to each other as brass bands played tunes of national songs.

Former member of the National Assembly and leader of minority Christian community J. Salik, as usual, added colour and music to the gathering.

A brass band, attired in a beautiful uniform, marched through the audience playing national anthem. Hundreds of capital`s slum dwellers followed Mr Salik, walking joyously into the gathering.

Mr Salik said there would be no justice without an independent judiciary. “Only an independent judiciary can ensure minorities` rights,” he said. “We have come here to celebrate the return of Justice Chaudhry and join him in his moments of happiness,” said a local priest in the procession.

Another interesting entry was staged by madressah students who chanted slogans in favour of Justice Chaudhry. “People from every province have come to him, because he has got so many kidnapped women recovered through his suo motu actions,” said a prayer leader who led the madressah students` procession.

One student said “We are also happy. Now there will be justice in the country. That is why we are here.”

Barrister Aitzaz invited to the stage prominent people representing political parties, civil society and media who supported the lawyers` movement for the rule of law and restoration of judges.

Dr Israr Shah, who lost both his legs in a suicide blast that hit a reception of lawyers in 2007, was the most prominent among the participants. Others included a young advocate, son of Advocate Imdad Awan, who died while taking part in lawyers` procession in Karachi.

Both of them were given the honour of hoisting the national flag. Naheed Khan, who sat close to Benazir when she died in a suicide blast, was also invited to the stage.

Some prominent faces of the lawyers` movement were, however, conspicuous by their absence — president of Supreme Court Bar Association (SCBA) Ali Ahmed Kurd and former SCBA presidents Munir A. Malik, Hamid Khan and Tariq Mehmood.

A day earlier, SCBA spokesman Zulfiqar Maluka had announced that this was not going to be a function only of lawyers` community.

Some say the tag of Pakistan People`s Party continues to create doubts in the minds of a small number of lawyers about Aitzaz Ahsan. Mr Munir Malik had some reservations about the way the flag-hoisting ceremony had been organised.

He told DawnNews that he would soon be taking up the matter with Aitzaz Ahsan. Most of the leaders of the lawyers` movement had announced that they would no more be meeting the chief justice and would not appear before him after his restoration.

This was in line with the judges` code of conduct that discourages judges from public contacts.

The ceremony was a victory parade by lawyers, civil society, common people and the media as the defeated side, the man who had sacked the judges, General (retd) Pervez Musharraf has exercise his right to remain silent so far. But at the ceremony the general was neither forgotten nor forgiven.

“Musharraf should be held accountable and he should be tried under Article 6 of the Constitution for high treason and we will keep on raising our demand and we hope one day he will also be tried,” said Shahzad Malik Gheba, president of the High Court Bar Association, Rawalpindi.

But the demand for holding Musharraf accountable may not be agitated now the way it was during the movement for restoration of judges.

Barrister Aitzaz said the ceremony might not be seen as an official announcement of the end of the lawyers` movement, but the street protests were over.

“Lawyers` movement as a resistance movement, as a muzahmeti tehrik, so to say, that I think, there will be a closure to it and we want to put a closure to it and the people`s movement,” he said.

The world community may heave a sigh of relief and hope for political stability returning to Pakistan. Lawyers` leaders, however, do not forget to mention the lack of support by western governments.

“Internationally the western government alas have not supported the movement ... but western people, the bar association, the academia ... and we salute the lawyers of the world for having helped us,” Barrister Aitzaz said.

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