Judiciary liberated, say former judges

Retired Judge, Supreme Court of Pakistan and former President of Pakistan Muhammad Rafiq Tarar has welcomed the SC decision, describing it as a liberation of the judiciary from the shackles dictators had put on it.

He said it was a great day also for the nation which from now onwards would breathe in open and free atmosphere, free from the fears of dictatorship.

Rafiq Tarar, also former Chief Justice, LHC said, Friday decision is second major after the one that was passed by the SC on Nawaz Sharif petition wherein the court had asserted its independence in a big way. Lawyers, people and everyone who stood by the CJP deserves congratulations on the success of their struggle, which he added, however has to be continued till dictatorship is banished from the country for good and true democracy is restored.

Former Judge Supreme Court Afzal Lone appreciated the SC decision, terming it a long stride towards independence of the judiciary. He also lauded reinstatement of the Chief Justice, hoping that the move would contribute to strengthen the institution.

Justice (Rtd) Aftab Farrukh, also Senior Advisor Supreme Court who had been at the forefront of the lawyers’ struggle though being an octogenarian, called the verdict as the victory of the people. Recalling the Gettysburg case of US he said that in the manner the presiding judge in that case had said after ruling against the government that people can enforce the verdict if they so desire, this SC decision answers the call of the people. He congratulated the lawyers and the nation on the wake of this verdict.

Justice Aamer Raza A Khan, also Senior Advisor Supreme Court who had been writing many an informed comments throughout the lawyers’ struggle celebrated the verdict as a win for the movement and the rule of law. “Justice has been served and rule of law established,” he commented. He called upon the legal fraternity not to regard it as the final outcome and continue to work for restoration of the democracy in its truest sense by striving to remove the present dispensation that prepared a botched-up reference against the CJP. “Strike when the iron is hot,” were his words while exhorting the lawyers not to rest until and unless they oust the military regime.

Meanwhile, retired Chief Justices of Supreme Court of Pakistan, Lahore High Court and senior judges of the apex court have lauded the Supreme Court verdict on reinstatement of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. They said that the verdict was in line with the norms of justice and fair-play.

Chief Justice (Retd) Federal Shariat Court, Justice Mian Mahboob Ahmad said that the verdict was a landmark in the history of the country.

It was in line with the Constitution and law in which the apex court acted without taking into account any pressure, he said.

He said it was an independent decision and the verdict is according to the Constitution.

He said it would have been against the national interest, if the decision would have been otherwise.

He said the future of any country depends on its Constitution.

Holy Quran also lays stress on justice, he added.

He said both the parties should accept the verdict with open heart and work within their own spheres.

Chief Justice (Retd) Lahore High Court, Justice Allah Nawaz said that it was a landmark decision. ’This is not only a significant decision in the history of Pakistan but of the entire Islamic history’.

He said that it is a victory of none but practically the victory of the people of the country spearheaded by the lawyers.

It is victory of the doctrine of the popular society. It is triumph of principles of Quaid-i-Azam and the principles he unfolded in his address to the first Constituent Assembly, he added.

He said that Father of the Nation wanted independent judiciary for the cause of justice.

The judgment would send a message to the people of all provinces of fairness and that the judgement was given without any outside pressure, he added.

Justice (Retd) Khalil ur Rehman Khan of Supreme Court of Pakistan said it was a happy occasion for Pakistan.

The Supreme Court has asserted and played its due role, he said.

He said the SC. has not only preserved its freedom but protected the rights of the people also. This is a first step.

He said the court should do what the Constitution says even if Heaven will fall but the experience shows that if the decisions are correct, Heaven never falls. The apex court has to safeguard its enhanced duty.

He lauded the support of the people and the lawyers community.

He said if the people continue to given sacrifices for their rights nobody could usurp their rights.

They can still extend support to the movement for their rights, he said.

Justice (Retd) Fakharun Nissa Khokhar of the Lahore Court said that the right decision was possible through the popular support of the lawyers community and the public at large.

She said the blood of martyrs of Karachi and Islamabad and the roads with bloods have at last shown their effects.

She said Justice Iftikhar is an honest person. Now nobody will lay hands on the judiciary, she added.

Justice (Retd) Munir Mughal of the Lahore High Court said that the verdict was true.

He said that it is the duty of the judge to give the same verdict which is correct in the eyes of the law and the Constitution.

Meanwhile, the judgment of full bench of Supreme Court, restoring chief justice Iftikhar Mohammed Chaudhry and declaring the President’s reference against him as null and void would cause far-reaching implications for future politics of the country with approaching of election year and possible reference of several importance issues for adjudication before it, said former chief justice of Pakistan, Saeed-uz-Zaman Siddiqui on Friday.

Justice (retd) Saeed Zaman who had refused to take fresh oath after military coup in 1999 and resigned as the top judge told The Nation that the SC’s judgment would be ’unique’ in its effects for judiciary and politics of the country. He said the significance of the judgment has been enhanced as this was considered to be an election year. “I thing this judgment would bring positive effects on politics,” he opined.

He pointed out that several important issues would be brought before the superior judiciary for adjudication; hence the SC’s judgment would bring far-reaching implications for the country’s politics. He said the judgment has given self-confidence to the superior judiciary, which now must assert its independence from the executive.

He opined that this self-confidence would reflect future judgments of the judiciary. 

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