NEW YORK, Nov 21: Deposed Chief Justice Iftikhar Mohammed Chaudhry said here on Thursday that Pakistan “is going through an evolution as well as silent revolution”.
Delivering a speech at the University of Pennsylvania Law School on “Rule of Law and Independence of Judiciary in the changing scenario of Pakistan”, he pointed out that because of lawyers’ movement people had become aware of important issues and had woken up to the importance of strong and independent institutions.
He told the large gathering at the ceremony held to honour him that the struggle was indeed unique, “not only in our history, but perhaps, in the legal and constitutional history of the contemporary world.”
“It has now assumed the form of a civil revolution, and will go down in history as a decisive movement in the evolution of Pakistan to ensure the supremacy of the Constitution, the independence of the judiciary and the rule of law, as envisioned by the founding fathers of the Constitution”, he said.
“Never in the history of our country has such a large number of people travelled for hundreds of miles in sweltering heat and gathered in one place peacefully and without a single unpleasant incident or casualty. It was an amazing show of solidarity and strength, and a clear message to all concerned as to what the people of Pakistan wanted.”
Justice Iftikhar said: “The Nov 3 emergency (imposed by former president Pervez Musharraf) was in fact a coup and was a direct attack on the judiciary. Throughout this period the bar has been in the forefront and has put up a long and heroic struggle. They have suffered enormous financial losses and have been subjected to beatings, baton charges, stoning, tear gassing and imprisonment”.
He said the stand taken by the bar for restoration of the judges was strongly backed by the civil society, media, students, business community, political workers and every possible section of society.
He said the rule of law had become an essential condition or prerequisite for good governance, “but in the context of new democracies such as Pakistan, this principle acquires an added significance the maintenance of rule of law through an independent judiciary strengthens democratic institutions and brings about national unity and cohesion.
He said that an important lesson from the contemporary world was that nations that practised rule of law, achieved a better system of administration. Such a system enforces the principles of accountability and transparency and guarantees the fundamental rights and freedoms of citizens. The citizens have confidence in the judiciary to safeguard their rights and interests and resolve their conflicts and disputes. The courts comprising honest, independent and competent judges, dispense justice freely, fairly and impartially.
An independent judiciary is a crucial safeguard for foreign investors, local entrepreneurs and the business community for the protection of their capital.
Justice Iftikhar observed that “a cursory look at the modern world clearly reveals that economic development and social progress is attained by nations who practise the rule of law through an impartial and independent system of administration of justice. Rule of law contributes towards the maintenance of peace, which is an essential requirement for trade, commerce and flow of foreign investment.”
Dean of Faculty Roger J. Dennis received Justice Iftikhar and his delegation.
He described Justice Iftikhar as the true hero and the lawyers of Pakistan as models for lawyers across the globe.