March 9 Revisited
Author: Dr Qaisar Rashid
March 9, 2007 has left a deep, lasting impact on the politico-social history of Pakistan. In past, where the institution of politics was found coming head on with the institution of military, this time the institution of judiciary has defied the verdict of the institution of military and hence invited its wrath. The basic premise of defiance was the rule of law. The fundamental effort now is independence of the judiciary and personification of that is being demanded in restoration of the deposed and detained judges.
Some still argue that the judicial activism was less a threat to the bureaucracy and more to the military. In the post-1999 era, the way the military pounced on other institutions, the judiciary posed first big and real challenge to the hegemony of the military in 2007. It was March 9 incident that provoked the judiciary to catapult the situation; the judiciary came out of its past subservient role to the military rulers. Subsequently, the judiciary showed its true colour till the emergency, in the name of martial law, was proclaimed on November 3, 2007.
In a country like Pakistan where the Cold War mentality is still lurking at the higher echelons of power, the ruling class yearns for every thing programmed according to its whims and wishes. For them, an independent judiciary is a hateful object for having potential for disrupting the program. It is sheer an autocratic approach of the ruling elite under the façade of democracy.
Major tussle between the then sitting government of the Prime Minister, Shaukat Aziz, and the judiciary appeared when the latter criticized and halted the process of privatization of Karachi Steel Mill. That sent shivers down the spines of those who had thought of the judiciary a subsidiary to the prime ministerial office. The judiciary had also started taking notice of the missing person cases, besides resorting to suo moto actions before March 9 visited it.
Retrospectively, March 9 happened because of two main reasons. First, avenging the insult on the Steel Mill issue, which brought the then government to disrepute, and secondly, re-evaluating the supreme judicial mind in case the uniform issue was referred to it. It is still a mystery how a lawyer, Naeem Bukhari, could be able to gather quantitative information about the Chief Judge and had an access to the billing section of the Supreme Court? Secondly, the same letter which had been submitted to the Supreme Court was circulated around through the internet. How could Naeem collect email addresses of all those who contribute columns to various Pakistani dailies and why to inform them about the contents of the letter? The lawyers who cast curse on the role of Naeem claim that he played in the hands of the intelligence agencies to defame the Chief Judge to ease his ouster. It could be called the counter defamation policy of the then sitting government. On March 9, refusal of the Chief Judge from resigning was considered an offence to a higher authority worthy to be penalized.
The judicial reference could have been sent directly to the Supreme Judicial Council as a routine matter instead of inviting or detaining the Chief Judge, Iftikhar Hussain Chaudhry, in the Camp Office, Rawalpindi, and later in his own house. Further, by detaining the Chief Justice in the Camp Office and forcing the other judges to take charge and oath not only created bad blood but also harmed the intra-judiciary harmony. If memory serves, while justifying his ‘counter-coup’ on 12 October 1999, Musharraf had made remarks that the then Prime Minister, Nawaz Sharif, was guilty of disrupting intra-military accord by starring another General as Chief of Army before his ceremonious departure. On March 9, Musharraf did to the Chief Judge the same what Nawaz Sharif did to him. The difference was that on October 12 Musharraf had the force of gun to correct the imbalance in his favour but the Chief Judge lacked that force on both March 9 and November 3.
Retrospectively, March 9 was a needless event. Nonetheless, it necessitated the society to challenge the involvement and supremacy of the military on the societal plane. The sordid event also pushed the army to stand aloof of the society. It seems that this aspect has benefited the suicide bombers who are now selectively targeting the army men and material, besides their accomplices in the civil society. The gory act of a suicide bomber at a mosque in Charsaddha on the Eid day in a failed attempt to target the former Interior Minister, Aftab Sherpao, can be seen in that context. The intelligence failure in this regard may be due to the climate of indifference prevailing in the society for the government. Having broken this individual-state relationship is the single major alarming factor that forewarns what is in store for the future unless addressed to the people’s satisfaction. The new Chief of Army, General Keyani, seems cognizant of the state of affairs and is an advocate of confining the role of the military to its professional duties which are on the borders.
Later on, the insult inflicted on the Chief Judge in the streets of Islamabad on his way to the Court was tantamount to transgression of all boundaries of decency, norms and law. It seems that both the society and the bar and the bench have not pardoned the agencies involved. It was an overreaching act of the agencies – supposedly backed by Musharraf – which jolted the collective conscience of the society. The case of meting out punishment to those who were responsible for the law and order in Islamabad was also under hearing at the Supreme Court. Every body knew that the Islamabad police had acted at the behest of the military high-ups, besides being physically backed by them. In case of any final verdict from the Court, the police would not listen to the military command any more. Now, under the new Supreme Court, the Islamabad police have been protected and the culprits were freed. Perhaps, that was what Musharraf meant in his December 15 speech that he had introduced a harmony between the judiciary, the police and the intelligence agencies – by ousting the preceding judiciary and absolving those of any offense who had been booked in the manhandling issue.
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Thanks for this article.
Nations need symbols to rally around and March 9th is surely the latest that Paksitanis have got. We must not let it fade away from the memory. Augusr 14th, 1947 was day we got freedom from formal explicit colonization. March 9th, 2007 could turnout to be the begining of freedom from neo-colonial regime.
March 9th, I think, disrupted some plans of the international military-corporate conglemorate to impose neo-liberal economic agenda on Pakistan - and many other countries - through the instruments of disctators - military or otherwise. SC was hurting this agenda by challenging privatization and war on terror. It is for this reason that US has never supported the restoration of judges.
Let us keep this memory alive for it is memories that give motivations to struggle.
muqqafa
(I guess this belongs here as well)
What a letter, indeed!
The “letter” being talked about (pdf)
[...] Source: PK Politics [...]
The Judiciary and Lawers have played a historical role to awaken the people of Pakistan. Medai also palyed a historic role. The election out come is also positive and definitley linked to March 9, 2007. Let us hope that now the parliment also palys its part positively and send MUSH packing. The sooner they do the easier and better it is. MUSH has already started blackmailing and threatening (use of 58-2b) the next govt on issues created by him (law and order etc), while the power has not been transferred yet. The Q-League and MQM are already hoping that MUSH will use 58-2b. MUSH also met them in Presidency (ex-ARMY house). MUSH wants to become another BABA Ishaq. But this time if politicians play a positive role and remain stead fast then the casualities will be MQM, Q-League and MUSH and it seems that they are on a suiside mission. If MQM wants to be a real political party then it should distance itself from MUSH and change its policy of Ghunda mafia.
aoa
i personally will never forget this day.
chief justice iftikhar mohammed chaudhry zindabad
go musharraf go
I never felt so optimistic abot future of democracy in this country more than today. The agreement betwen PPP and NS is historic. This nation needs reconciliation between all democratic forces. On Mrach 07 we lost hope. A year down the road, a hope is born. The days of dictatorship and military rule are numbered. I hope political parties will learn a lesson from the past and unite to keep democracy alive. Establishment will try to divi and rule despite todays’s historic Muree declaration. If Zardari and Sharif succeed in thir mission and stay united till establishment is completely under control of parliament, history will give them a status of Ghandhi and Jinnah. On this day we should not forget Shaheed BB. This nation owe a lot to her wisdom and sacrifices for the sake of democracy in this country.
Our judges and lawyers are brave heros. I hope the judges will not repeat the mistakes of past and should seek apology from the nation for being used as pawns in the hands of past dictators and also for the brutal judiacial murder of Bhutto, sentencing NS as hijacker, and keeping PPP leadership in exile and behind bars for 11 years. The have to clean their wrondoings as well.
I hope new government will establish a truth and reconciliation commission under the chair of some undisputed judge or lawer e.g. Justice Fakharuddin G Ibrahim, Aitzaz Ahsan, Justice Wajeeh where all institutions including army generals, politicians and judges who supported dictators in past should come forward and accept responsibility and seek forgiveness for their crimes.
Very good article.
All the credit goes to Musharraf for this.
I am very thankful to Musharraf because he slapped us in a way that everyone felt humiliated. Mush has been so successful in creating hatred towards military rule that no other dictator could do this.
Thank you Mush. If you remain in power for one more year, no dictator would ever dare to sack a democratic government. You have manifested to Pakistani people that a dictator is hundred times more incompetent than the civilian ones.
Inshallah’ Mush will go but what is the guarantee Zardari would keep his promise on judiciary? Till this day he was resisting pre-Nov judiciary.
Let’s wait and see… I still don’t believe that Zardari will honestly push for pre-Nov 07 judiciary.
While I was typing my comments, the electricity went off for half-an-hour,due to regular ‘ load-shedding ‘ & withe that all my comments were erased (because I think there is no system if ‘ draft ‘ or ‘ save ‘ while typing comments ; & with that, my thought process was ‘ washed-out .’
In a nut-shell, all i wanted to say was, that Mush has ‘ come to stay ‘ for long, & no amount of either rhetoric, logic, protests,will ever work, to evict him , till his last breath.
At least, that’s what I think , ( & I only wish, that I am proved wrong; ) because during my lifetime of over-60 years, I have never-ever, witnessed earlier, a similar ‘ DAJAL ‘ or a ‘ FITNA ‘ as mentioned in our Holy Quran, & who, I think
has been sent UPON US, by Almighty Allah, so that we may redeem our sins, of commission & omission.
I really think march 9th should be yom-e adl and a national holiday in Pakistan. In 1958, the supreme court capitulated to a gang of treacherous jurnails and we had the dark night of repression and infamy. In 2007, an ordinary public servant and a supreme court judge found in himself to say NO to a pack of hyenas, and we salute him for his courage.
Quit Musharraf Quit!
I agree march-9th should be yom-e-adl & national day instead of holi-day. Let the people celeberate the important events without interrupting their life as usual. Let change our culture by bringing some liveliness in it.
Will somebody, either ‘ a visitor ‘ or ‘ admin pk politics ‘ please help & guide me, by answering to me, ( here in these columns, ) whether a website, ICSSA.Org has been BLOCKED by the govt ?
The reason is that it cannot be accessed-to, or that it cannot be opened, as it seems to have completely VANISHED from view ?
Anybody, help, please ?
Two hour live with talat on air right now.
Shahid Kinnare
@ admin pk politcs.
It seems to sound very strange, that for the first time-ever,against my
title / password, of ‘ SnrCtzn’ I have found printed, the following sentence: -
‘ Your comment is awaiting moderation. ‘
Will, admin pk politics please clarify, if my comments, as above, are in anyway
excessive or less moderate, than volumes of un-printable comments that have
been so far, ( & also as of now ) are expressed regularly, by various visitors as
above ?
@SnrCtzn,
There are hundreds of comments everyday and I cannot read all of them. Any comment containing “admin” and few other undisclosed words are held for moderation and I get notified via email and I try to answer most of these in 24 hours.
Please try to email me any queries to ensure they are replied as mentioned in the terms and conditions below.
Admin
I think it is very important now to prepare the cases for the crimes Mush has commited. Before he is able to escape he should be aprehended and tried for all these crimes in a very fair and impartial manner. Nobody should be deemed above the law!
9th of march 2007 is a turning point of a weak nation where ordinary people like me has thought that I can say no to brutal dictator.Ch iftkhar’s one” NO “has brought a slapped effect on the face of sleeping nation.Since that day our awarenss as common citizens on national issues are being increased day by day and we are penetrating in Pakistan’s politics by different ways.DID somebody think what happened if CJP had accepted the order of COAS as per words?Ch Iftikhar’s stand has given a proper direction to all anti mussarf forces that in past could nt get right platform or direction.His unlawful acts and deadly mistakes on national issues were known to all but people didnt know to express their anger so this day shold be remembered as anti dictator day and nation should learn a lesson that never trust or give absolute powers to one man or one position in state affairs.
Convict Nawaz Sharif is a hypocrate who is exploiting the current judiciary situation to promote his own personal political agenda and neither values the judiciary nor respects it !!
This is the same Nawaz Sharif who ousted the then Chief Justice Sajjad Ali Shah and brought his own Chief Justice Ajmal Mian.
Even today, he is not interested in making up the wrong which he did and at no point talks about bringing back Sajjad Ali Shah who he ousted.
Why ?
9th of March was a strong reply of all what happened with Pakistani nation starting before 1947 till that day.
People of agencies and corrupts took normal people as animals and to dishonour/cheat them was as simple for them as brushing teeth. We bore all that with pain but patience. Yes, it is true that majority of our nation has been uneducated and poor but it is not a crime since there were not many options! yes, it is true that we have not been upto the challenges but what can one expect from people who all the time had to think only about getting meal for family and to save themselves from the corrupt dogs of the society!!! It is shame for us that people like chauhdaries of gujrat have been ruling us. I personally feel that chauhdaries and co. have been main intstrument in conspiracies and dirty plans since the day they enetered political circle. They know one rule and that is “Conspiracy” and then “Conspiracy” and finally “Conspiracy” untill they get into their grave…
These people of agencies are not above law, these goons from Gujrat and from other parts of Pakistan are not above law, these SPs DSPs are not above law, these Generals and all their ranks are not above law(i have great respect for Army and it is painful to mention them here but sorry dear Army fellows we are optionless now), these beaurocrats are not above law!!!
If all these think that they are above then they need to get up from their sleeping state, come on get up boys. All these are not even above the poor of the poorest of the society in context of rights, dignity and respect. For me a poor but sincere person is better than the richest/ most educated but corrupt.
There is no compromise on JUSTICE; any such compromise means no Pakistan!!! No Pakistan means treason with all those who sacrificed for Pakistan even with blood if required, and that too for a noble/high cause. Our revenge to all those who drank our blood is JUSTICE and that is the best revenge, i feel. And Allah knows best.
I would like to add that Politicians, Landlords, Officers, Scholars, Journalist, Professors,…me myself; no one is above law. Justice gives protection to every good person(no matter what status he/she does have) and it is death for every corrupt soul… We need to understand this point very clearly, with cool mind.
One year of a successful agitation campaign against a military dictator - an oppressor ! Trolling into the pages of history one can not find an example of such a movement in such circumstances. The lawyers did a commendable job and the support by the students, civil society and media is appreciable.
http://ale-xpressed.blogspot.com/
Food for thought: If our judiciary does become independent and powerful with our esteemed justices in full zest to safeguard the constitution and the bill of rights (do we even have one?) Then these poor judges will have their hands really really reallllly full, enough for many lifetimes.
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