Letter to CJ from Naeem Bokhari
I would like to share a very interesting letter I just received on email, written by Supreme Court Advocate Naeem Bohkari addressed to the Chief Justice of the Supreme Court Mr. Justice Iftikhar Muhammad Chaudhry. It is a definite ‘must read’ for all Pakistanis
Start quote
Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan
My Lord:
I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate enrolled in the apex Court since 1984 and in the High Courts since 1972; as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench; and as a stake-holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.
Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the Court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.
I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman, Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief Justice Mohammad Haleem and how the Court functioned under them in the 1970s/1980s.
I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan, Muhammad Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the Court.
I was appalled at the manner in which Chief Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz Ahmad, when he was the Chief Justice.
I was horrified by the establishment of a Bench of five judges constituted by Chief Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General of Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.
I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you.
Alas this has not come about.
I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the Supreme Court and hooters, police escort, flags is just fluff, not the substance of an office).
I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of aMercedes-Benz car or is it cars, the use of the Government of the Punjab’s airplane to offer Fateha in Multan, to Sheikhupura for Fateha on a Government of the Punjab helicopter, to Hyderabad on a Government of the Sind’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.
I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is a case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau (NAB).
My grievances and protests are different.
I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.
I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.
In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr. Sher Afghan Niazi.
On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.
If Mr. Khalid Anwar, a former Minister of Law and Parliamentary Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this manner, the fate of lesser known lawyers would certainly be far worse.
My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.
My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is dismissed”.
Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the Constitution commands to be inviolable, we suffer discrimination in your Court.
I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”.
The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.
I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”.
My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.
My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.
I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.
My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.
Yours faithfully,
NAEEM BOKHARI
Advocate
Supreme Court of
Pakistan
Islamabad, Pakistan
End quote
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Comments
A bold step on the right direction. Congrats to Naeem Bokhari for his courageous initiative . May others also follow’s Naeem’s path
Gee…BOLD. I wonder what the circumstances must have been which made him write this letter. Any way I hope he is ready for some time tough times ahead.
I have known Naeem for nearly 40 years. He is such a gentleman and cool person that to resort to placing such damaging material about the CJ must have been forced on him by the abnormal behavior of the CJ. I fully support Naeem, Evil in society and particularly at the higher levels must be identified. Great work, Naeem.
Hats off to mr.Naeem Bukhari for such a courageous communication and startling revelations.Congrates to him for his truthfulness and professional honesty which may bring him some sufferings.however ,all of us must follow the suit and stand with him firmly for this noble cause.
Brave. “behteren jehad jaber sultan ky samnay kalma haq kehna hy”.
He has done jehad against one of the group of “jaber sultans”. It is our duity to support him morally, at least.
Obviously the government does not like current CJ. He gave quite a few decisions which they don’t like, e.g. Steel Mill. Naeem Bukhari, being one of chief ‘chamcha’ or ‘darbaari’ of the government is obviously a part of the media campaign that is now taking place against the CJ. There were many real corrupt CJs before but never Naeem Bukhari wrote a letter like this. It is pretty obvious why he wrote this one.
Brave. “behteren jehad jaber sultan ky samnay kalma haq kehna hy�.
He has done jehad against one of the group of “jaber sultans�. It is our duity to support him morally, at least.
Heema, interesting point about backlash on the CJ. Could be true (yet another very belieavable conspiracy theory).
Naeem has accused the CJ of contempt of court. I wonder what kind of response it will elicit.
CJ is a successor of Qazi Abu yousuf and Justice Rashid and Corneilus in Pakistan. He should be an epitome of jusitce. living simply, acting justly and compassionately and bold in his commitment. Your sons and your possession are trial in this world which Holy Quran calls a passing show. Any love for them is an anethema to Tuqwa and a denial of position and trust reposed in the office
The CJ has made some decisssions which the dictator did not like. I was expecting his removal since the day he gave the steel mill verdict. Appearently the move for the removal of the CJ has been started now. This letter is the first step.
And so today the CJ of Pakistan has been removed. Do note that Article 129 does not allow the removal of a CJ but just his suspension. Anyways, in our land of the pure, anything goes.
i thought CJ was a nice guy..
but i am only 3 months old in profession.. maybe by the time i have am 40 i will be able to write something like that. but i so, vehemently, pray that i dont have to.
[...] We must a remember that Mr. Naeem Bojahri had previously written a long attacking letter against Chaudhry Iftikhar Ahmed which can be read here [...]
crap! What has to do with Arsalan’s marks with CJ’s duty? Where Naeem was hibernating when Pakstan was being looted by all hands by current and ex govts.
What a nonsensical article. The bas*ard Naeem Bokhari is coming with stupid reasons. Shame on such a literate person. Long live CJ! The honorable CJ has taken many bold steps for the protection of human rights in Pakistan and this is what Mr. Naeem Bokhari comes up with. He should be hanged. Full stop.
The journalist on GEO in CAPITAL TALK has all the story behind this letter, how it was framed, how they took signatures & he even doubts its by NB.
It shows that the son of CJ was transferred by gov itself from one place to another and on instructions by SHAUKAT AZIZ. They dont have even a proof that the CJ had put any pressure for this. So does it mean the GAME was all designed pre-planned ?
Guys, did anyone notice all the private channels have suddenly shut up on the issue after the initial backfire ??
Wow so they media is not being asked to shut ?. Only GEO is showing some stuff….
This is what happens when CJ did not amend his behavior. Naeem Bokhari gave him early warning but he continued posing himself as LORD, Today the Lord is in police custody. VERY GOOD President Parviz Musharraf, this person deserved the treatment!
Naeem Bokhari is an establishment pimp. There are corrupt judges sitting in the Judiciary in Pakistan. The CJ of the Lahore High Court is a case in example who is a big crook, yet nobody touches him because he tows the government line.
The removal of Chief Justice Iftikhar Chaudhry by President Musharraf is a direct and shameful assault on the Judiciary of Pakistan and its independence.
He was a popular Chief Justice who was making the high-ups accountable to the masses and was taking up the cause of the poor masses of Pakistan.
This move is politically motivated. Chief Justice Iftikhar Chaudhry has been holding the government accountable on numerous fronts. The Pakistan Steel Mills case and his criticism of the law enforcement agencies in face of the deteriorating law and order in Pakistan being cases in point. He was exercising suo moto notice of government failures.
There are numerous allegations of corruption against other senior judges, but no action has been taken against them. There are other judges whose conduct is “prejudicial� to the dignity of the judiciary and nothing has been done about them because such judges are compliant.
Even if the allegations against the CJ are true, this is not the way to go about it because other judges are engaged in far more serious activities. This smacks of hypocrisy and double standards.
Clearly a case of selective punishment and double standards.
If Moeen Bokhari was really concerned about cleaning up the judiciary, he should have addressed a similar letter to Chaudhry Iftikhar Hussain (similar name but not to be confused with the Supreme Court CJ), the Chief Justice of the Lahore High Court, who is the most corrupt of them all.
Naeem Bokhari has a credibility problem. When he was principal of City Law College, Lahore, he threatened to “break the legs” of an invigilator if he didn’t allow his college students to cheat in a law exam.
Also, he is involved in paying off judges. Someone rightly called him a “pimp”. He’s also a tout for some judges.
Shame on you Mr. Bukhari. You belong write there in the category of those Justice Munir Khans, Sharifuddin Peerzadas.
Shame on you for what a disservice you have done..
Shame on you for you will be, for now on, be remembered as someone who played a dirty part in a conspiracy against the apex court….
I wonder how much NaeeM was paid by Musharaf for writing this piece of nonsense. History will not forgive people like Naeem Bukhari either. Mark my words, he has dug up his own grave.
Today is indeed a black day for Pakistan and especially Judiciary.
I had lost of respect for NB but its all gone now, not because he accused the Judge but he became a part of this conspiracy against Justice and against the people of Pakistan who had only one hope left on this land.
Those who are acting like Mushy’s chumchas bring on the points one by one which they think are reasonable enough for his removal.
(A) If his son was posted from one dept. to other then for everyone’s kind info ( and thanks to the journalist who came on GEO to take off the cloths of gov ) this all had been done by gov. itself and by its signatures which include the police officials leading upto PM himself. Now after doing all this shit. They are accusing CJ from no where ?
Does this makes any sense to you ?
Here are my questions to these chamchas
1. If he applied any force, why they submitted ( even the PM ?? will you believe ?)
2. And if they did then they are equally responsible and should be sacked including Shaukat Aziz
(B) They said he was asking for too much protocol. I got confused too first on what was after all he was asking for. Thanks to the same journalist and Mujeeb-ur-rehman shami & Najam saithi i came to know that he was “merely asking to be saluted by a small 6+ group” as done to heads once & he was asking to raise the protocol for all judges so that their prestige is raised.
If this minor reasons is what they have done it for, than all of the minsters, the officials the PM and MUSHY himself have no right to sit on their kursi as they have demanded and plundered 100 times more than what he asked for.
Come on
Bring what you have Mushy spoons …..
I totally endorse heema’s comment.
Obviously the government does not like current CJ. He gave quite a few decisions which they don’t like, e.g. Steel Mill. Naeem Bukhari, being one of chief ‘chamcha’ or ‘darbaari’ of the government is obviously a part of the media campaign that is now taking place against the CJ. There were many real corrupt CJs before but never Naeem Bukhari wrote a letter like this. It is pretty obvious why he wrote this one.
I think Mr. Bokhari wants to be in media by all possible means - this is an example of it.
Why hasn’t he taken any action against other injustices happening in our soicety, why has he chosen CJ.
Mr. Bokhari - a pimp, very rightly said please add a hippocrate with his name.
Establishment “chamchas” like Mr. Naeem Bukhari don’t fart without Musharraf’s permission. We all know this letter didn’t come from the heart.
Guys, mark my words, this is the beginning of the end of Musharraf.
this is a pre planned game engineered by pervez elahi, shaukat aziz and gen. musharaf. every one knows that govt. of punjab has intentially violated the decisions of supreme court on Basant and ban on one dish at Shaadi. decision on steel mill privatization has annoyed the shaukat government. And the last one is that there are many cases in front of court regarding election, Uniform and Musharaf’s future. so eventually the general has dismissed the man who had shown some hope of justice to the people of pakistan. Very Sad really very sad.
he(CJ) has been accused of using official govt planes to visit different cities to attend court funtions… let me ask the dictator why the plane gifted by Qatar Airline to PEOPLE OF PAKISTAN is being used by him as a presidential planes when he already have a fleet of presidential jets ,business jets and air force jets at his disposal… why not use that jet be given to PIA so that it can use it on the troubled European routes… he has been accused that he demands too much protocol… well whats wrong with that… when president himself makes the life of countrymen miserable in the name of protocol and security then why not the justice of highest court of the land do it? he has been accused that he ridicules and degrades senior senior civils servants and senior police officers in his court… (frankly don’t we all wana do the same to these jerks when they come up with lame excuses on issues they’re being questioned about) …
Mr. Naeem Bukhari is known to be the present government’s puppet specially for the military ruler General Musharraf. When Musharraf seized power through coup he advocated for him on television.
He is one of those people who have seriously attempted to create confusions in the minds of people for democracy.
This letter is written to make a base for Musharraf in the media to take action.
My last advice to him is because his wife didnot go along well with him and the Prime Minister Nawaz Sharif liked her as a singer, he should not take it personally and write and criticise the former PM.
Very soon Naeems own actions, such as his attitude in the unniversity where he is known to flirt with young girls will also be braught in public
all legal experts unanimously are saying that President can’t suspend CJ just like that, he can send a reference against him in supreme judicial council(SJC) and only SJC can do the hearing and decide whether to suspend or fire CJ.. president took another unconstitutional step .. maybe step in the direction of imposing emergency in the country to delay elections…
I fully agree to what Amjad Hussain said. Last year in or around JUNE my dad had this comment:
” The way this GUY is acting like a GOD on earth, its end has started”
This is not a right way to protest against the decisions made by SC if Naeem Bukhari does not like these. Furthermore personal allegations do not have impact if these do not have proofs.I am agreed to Imtiaz that this is a preplanned game by Govet. against CJ. Next step is disclosed today (March 9,2007)by removing CJ illegally and not in a modest way.I think this will create crises legally and politically.
Mr. Naeem Bukhari started off as a bright young lawyer, media person with a style all his own.
That he has levelled flimsy allegations against one of the bravest Cj’s of our dear land in recent times comes as no surprise. He has become a pawn in the hands of the establishment and someone has very rightly said that this is the beginning of the end of the Musharraf rule.
Hope the CJ survives ! Hope all the judges stick together and decide the case on merit. Long live Justice Long live Pakistan
Bravo–bravo! but to whom? CJP or NB? every body is naked in this “Hammam”. name any dept and there are infinite objectionable characters there. now that the CJ has been made in-active, lets see what happens next, while we continuously live in an era of uncertanity. but what i firmly believe is; that everyone has a price, where one can be bought or sold (cheapest commodity MMA).a few days of media hype and there its over coz who so ever has the gold, makes the rules.
[...] an open letter from lawyer Naeem Bokhari addressed to the Chief Justice and making a number of personal allegations against him has been [...]
No institution is allowed to function in this country. As an institution becomes functional to fulfill the core objectives, it is hit hard by those who are in power. Every Pakistani ruler likes absolute power and does not allow institutions to function. It is BLACK DAY for this country. The reasons given for his removal are not worth even to be considered. All the circumstances point that Mr. Iftakhar is being penalized for taking decisions on merit. I would request all the members of the Supreme Judicial Council to reject all these malafide allegations on Mr. Iftikhar Chadhary.
[...] an open letter from Advocate Naeem Bokhari addressed to the Chief Justice and making a number of allegations against him - some personal - has [...]
The dictatorial rule in Pakistan for ages is developing our social attitudes. We saw Zia ousting Bhutto. We observed Ishaq Khan seeing off Benazir and then Nawaz Sharif. We saw Nawaz Sharif dismissing Sajjad Ali Shah, Farooq LEghari and Jehangir Karamat. We observed Leghari getting rid of Benazir. Now it’s Musharraf’s turn. May it be civil guys or the military, the general social attitude that is developed in the society is that only force can win here. Soon we may read and listen things about the General in power as well! May Allah save Pakistan rather the people of Pakistan!
How concerned Naeem is about justice which aims at providing relief to few people. How concerned he is about adopting respectful attitude for civil servants etc who most often can be categorized as cruels. But he was not only indifferent, rather supported those who have been assissting in slaughtering millions of human- like people, who never had chance to speak under what laws they were slaughtered.
Why don’t I like this guy Naeem? My instinct thinks he is completely vile.
It was a bit surprising how the mainstream media detailed his letter - which read out like an indictment in lieu of an official one.
Planted?
The CJ may have been corrupt–we cannot rule this possibility out. There were allegations against him for the past many years. The point to make is this: will Musharraf ever do the same against one of his C(r)ore Commanders or the PM. This is no way to remove the highest judicial officer from office. This guy has sold Pakistan cheaply and is now bent upon doing anything and everything to make sure he stays in power. I don’t want to believe anything right now (whether the CJP was corrupt or not). What I know for sure is that this would have never happened against the Generals who have raped this country anally and whose children and Pharoah’s in Pakistan. This country had already gone to the dogs. Whatever remains is being finished off in the name of staying in power for Musharraf. Indeed a very sad day for Pakistan and we should all be ashamed at what has happened.
I am ashamed of Mr NB as is on of my professional colleague.
Evry body knows that you were and are a strong supporter of Mr Mushy from the day1 but some dont know that what are the comments regarding your personality in the Supreme bar Association and in the Punjab Bar Association and i dont want to brought these comments here coz my profession dosnt allow me to do the same but after reading these comments here,i am really delighted to say that no one can mislead the public of Pakistan.
i am really surprised that why is Mr NB is why so worried and so jaleous of the Hon’able CJP’s protocole demand.Afterall he is the Apex Jugde of Pakistan and if the Govt is providing and spending the money on NAB judges so why the protocol shouldnt be given to the Higher Judges?Mr bokhari as for as BMW and Mercedes is concerned, i think you are also npw in position to grab that one from the Govt of Punjab or Pakistan.
So far the case of Dr arsaaan is concerened i would like to tell the readers here that all his appointment and transfers are made accordin to the rules and regulations and no voilation is made the only fault on his part is that he is the son of a Judge who has the potential to speak against MUSHY.And the cases to which he refferd,being an Advocate ha shoulnt say any thing because they are prejudice.And how you blame a person for an act which is still pending in the Court.
I again feel sorry for Mr NB because again he is worried for the Senior most,well reputable lawyers of pakistan i.e: Mr Fakhruddin G ibrahim,Mr Khalid Anwar and Mr Sharif uddin pirzada.All those counsel have got a very strong reputation and they need not any support from a person like Mr NB for the prestige of thier profession or fro their own respect.Same with Mr Mir Shakeel ur Rehman, who is a prominent journalist and any mishap withhim could be reported by himself in his own newspaper.
Mr NB also reffered to tje different tenures of the APex cout Judges but he never tried to speak against those Judges who didn’t had a very good reputation in the Bar and Bench.
I can write very long against Mr Nb and Mr Mushy but evrybody knows and the thing is that if Mr NB is that much Patriotic so now he should write another letter to the Parvez Musharaf for his professional misconduct for the removal of an constitutional Govt and voilated his oath as an Army Chief and afrtwords for hoding the Constitution of Pakistan in abayence and so on so on……
But i am agreed with the comments that now the countdown is strted of the Musaharaf’s regime.
The allegations presented by Naeem Bokhari are quiet bogus. There are hardly any government officals who do not misuse their offical authority. I just want to ask that where was Naeem Bukhari when Musharaaf went to US with an entire entourage for the promotion of his book? Why doesn’t he write about Musharaaf attending election rallies on behalf of PML-Q. Is that no un-constitutional.
Today’s decision clearly proves that it was a pre-designed trap for the Chief Justice. Naeem Bokhari is an ISI stooge. Justice Chaudhary’s mistake was to go after the military. He has taken some courageous steps for the welfare of the masses, includeing the historic judgement on the steel mill case as well as continuing to probe the government about the missing people.Alas that has cost him his job. The sitting government has conspired against the Chief Justice. The irony is that the second senior most judge Justice Ranabhagwan Das is in leave and will likely not be re-instated upon his return. This is indeed a black day in the history of Pakistan. As usual there will be lot of hue and cry but the euphoria will die down itself. Perhaps the end will be the dis-integration of the country. I hope I m not alive to see that day.
Well, the article 209 allows the president to send a reference to the Supreme Judicial Council but it does not allow him to suspend the Chief Justice (CJ) and CJ remains in office till the reference is heard by Supreme Judicial Council and its recommendations are sent to the president and he acts on those recommendations. This is the constitutional position but contrary to this CJ has been suspended, new acting CJ has been appointed and now reportedly CJ Iftikhar is being pressurised to resign instead of facing the Supreme Judicial Council.
As far as political dimensions are concerned, no doubt it is politically motivated step taken due to a number of reasons like
The qualifications case seeking disqualification of MMA legislatures is pending in Supreme Court. The disqualification of MMA members means dismemberment of the electoral college of the President, which Musharraf cannot afford because he want to re-elect himself president from the current assembly.
In near future, the matter of the president’s re-election for the current assemblies will be going before the Supreme Court and Musharraf cannot risk an unpredictable person heading the bench hearing this case.
The question of re-election of a general in uniform and question of current assembly’s powers to approve Musharraf’s continuation in uniform will also be going before the Supreme Court in days to come. Again Musharraf wants to safeguard his interests.
The CJ has been actively proceeding the case of missing persons, which seems to have annoyed the invisible powers that matter. It seems this has also annoyed the king. Besides issues like government complete disregard of Supreme Court ban on basant was to be taken up by Supreme Court and that would have created embarrassment for the Government.
The mother of all Scandals, Steel Mills privatisation was undone by Supreme Court. This left certain people licking their wounds and Government came to the conclusion that it has put a wrong person as CJ and it seems ever since they were planning to get rid of him.
I do not suggest that there were no weaknesses in CJ Iftikhar but again there are many judges in senior judiciary, who can be charged with misconduct, misuse of authority and actions prejudicial to the dignity of office. If his son was inducted in police service of Pakistan without appearing in CSS exam, who authorised his induction and who notified it. Will they be charged with misconduct and misuse of authority?
The hasty manner of CJ’s removal meant that the Chief Justice himself was not accorded natural justice. The allegations contained in Mr. Naeem Bokhari’s letter which appears to have been made a basis of the President’s reference, prima facie seem farcical. All of the allegations except the one about his son appear flimsy. A Chief Justice has to travel the length and breadth of the nation and has to be provided with accommodation and travelling facilities by governments of the various federating units. Amounts spent on renovation of official accommodations and offices are considered as being spent in the public interest and usually properly audited and approved. It is doubtful that the Chief Justice would have insisted on Guard of Honour and if the protocol demanded it, then he should have been provided with it. Regarding actions of his son, that matter needs to be properly investigated. In any event any solid documentary evidence linking the CJ with his son’s posting would be hard to find. The characters of persons making these allegations also need to be properly assessed. Naeem Bokhari is known as a darbari of President Musharraf. The easy ride he gave to Musharraf during his interview on Hum TV recently was revealing. We should also recall that another chief character in this whole drama is the same Prime Minister whose government was found engaged in “acts of omission and commissionâ€Â? in the Privatization of Pakistan Steel Mills case by the Supreme Court headed by the same Chief Justice. The timing of the removal is also suspicious when the Senior Most Judge of the Supreme Court (Mr. Justice Rana Bhagwandas) after the Chief Justice is out of the country. Instead a more compliant judge has been given acting charge and the removal of Justice Rana Bhagwandas from hearing of the reference against the Chief Justice has been ensured. A Chief Justice of the Supreme Court or any permanent judge of the Supreme Court or High Courts cannot be suspended or removed by the President under our Constitution unless the Supreme Judicial Council recommends his removal after proving of the allegations against him (Article 209 of The Constitution of Pakistan 1973). The present actions of the government have severely undermined the integrity of the Supreme Judicial Council and its composition has been calculatedly changed. Additionally, the two remaining senior most judges, Mr. Justice Abdul Hameed Dogar and Mr. Justice Javed Iqbal (the so-called acting CJ) have themselves become a party to the problem as they have themselves taken the unconstitutional step of oath-giving and oath-taking respectively. Additionally, one of the judges in the Supreme Judicial Council himself has a reference filed against him by Habib Wahab-al-Khairi which is pending for hearing before the Supreme Judicial Council. How can such judges conduct the hearing impartially against the Chief Justice is a moot point.
right, NB felt aggrieved with the way the prestige of the SC was being lowered by the antics of the CJ Iftikhar Mohd. Ch. But one thing we should not forget is that the author of the letter under discussion has not brought up any matter of financial corruption against the axed CJ, which gives us a hint that maybe he was not corrupt in his dealings but there are shamefully heart-aching stories of big financial scams surrounding the judiciary in this great land of the pure. why hasnt NB ever touched these matters before? was there no CJ in Pakistan who was as shoda as Iftikhar Ch.? case regarding his son who according to the media reports failed in the css exams twice and Dr. Arsalan was finally helped by his father the CJP to enter the Police Service Academy through some alternate less extraneous route. now, if the CJP was so desperate to see his son secure afsari he would have done anything to help him qualify the css exams in which the lad appeared twice as the CJP at that time was a justice of the SC, and helping his son qualify css wouldnt have been a problem for him, which is not something uncommon when it comes to our ruling elite. as for the use of sarkari planes and aircrafts, we should remember that it may be a matter of great hallaboo in civilized societies but not in our country where the PM Short cut Aziz and his leader Shujat Hussain do not mind taking all their family, friends, and relatives numbering 30+ or even more to Saudi ARabia for performing Umra at sarkari kharcha, where according to some stories the president is using an aircraft gifted to the nation of [pakistan by a foreign dignitry. viewed in this context the crime of the CJP seems petty but exagerated to disbelief by NB. no doubt the general has taken prompt action on this letter of NB but i wonder why a more serious effort made by Hamid Khan Advocate exposing the malpractices and misconduct of some of the judges of the higher courts in pakistan published as white papers a couple of years ago could not win the attention of the general. maybe because the paper didnt include the name of the judeges who had passed a verdict against the present regime of hoarders and blackmailers on the matters of privatisation of the PSM, who questioned the government agencies on missing people, who asked the govt. to account for unresonable increases in petroleum , cement and flour prices. as for civil servants and police walas they were treated by the CJ the way they treat their “subjects” and that infuriated them after all those who are accustomed to a culture of authority and danda feel very hurt when somebody out there has the guts and the way to remind them their real duty i.e., to serve the people and to deliver the results. hence this conspiracy against a man who despite some personal failings introduced a culture of judicial activism and human rights enforcement in this country.
the worst part of the whole episode is a general clad in his uniform holding a meeting with the CJ of SCP in the Army House and finally sacking him in the most contemptuous and Derogatory fashion. what is the future of our institutions including the military.
NB i have always been one of ur greatest admirers when it comes to TV talk shows. but u have let me down the only way for you is to make ur position clear by making use of electronic media. i felt very disappointed when i heard Dr. shahid Masood saying on Geo that u had refused to talk to him on phone on this issue. do come on tele and make ur position clear as far as this letter written by u is concerned.
Mr. Bukhar,
Now I understand that you were dancing to the tunes of Army band. Congratulations; you have been successful. How many plots or Billions you got ?
The allegations in the letter of Mr. Bukhari….I think the same applies to all the Parliment, Burocrates, Ministers and Army Generals. Why are they not dismissed like this from Army House.Every body and anybody in Govt. of Pakistan should be sent home as every one of them lives beyond their means. All the burocrats are sons and son-in -laws of Parlimentarins and Politicians. No one has disclosed their marks in CSS Exams.
Look at the character of Mr. Naeem Bukhari… every one knows his past and present. I don’t want to waste my precious words on exposing the character of a characterless man who only knows “Rag Durbari”.
Hey Naeem! I have always been praising you for your acumen, charming personality and robust voice. But there are somethings that i have never liked about you, one: once, many many years before, while interviewing Moeen Qureshi, former PM, you had asked a silly question that why he didn’t take stupid CSS exam instead of being what he was! yuck! This started a question on your level in my mind. Anyway, I liked you even then. Recently in an interview you said on t.v that in money matters you were so careful that you are not so sentimental that you should be saying to a pauper old woman of fighting a case free for her; or your friends have been telling you to invest 50 lacs or so with them in business but you don’t want to. Yet another nonsensical was there to hear from you. I mean how could you just say these things on t.v!. A few days back, while interviewing shoukat the PM, you asked whether he held accountable his staff of their work and calling them like “oye!!!”, don’t you feel shoukie insulted you in reply that what a stupid manner you have adopted in asking that point, aren’t you a modern man?, he said? did he or didn’t he? And now, this letter that you have written to the CJ, doesn’t it prove finally that you are a good-looking devil? I have finally managed to convince myself that there has been a grave mistake on my part that i was doing LLB keeping youuuuu in mind. And that you are a man of something like the people have been calling you in this comment corner. I am really disenchanted! you are actually a stupid. As stupid as a person who could clap on answers of benazir in a tv interview right before her, and laughing too much to an extent of a clown. I really feel sorry for you. I have to dethrone u today.
May be Mr. Naeem Bukhari is justified in his action but what about the height of corruption napotism in much ugly shape in every corner of Pakistan. Can Mr. Naeem Bukhari favour the nation with some more startling facts about the echelons of power and other sacred cows. Probably the situation demands a IMAM KHOMENI for Pakistan. Otherwise our comming generations will spit on our deeds.
Very well planted by the corporate army of Pakistan who were perturbed by the very thought of being questioned about the missing fathers and brothers of scores of families in Pakistan…by the conviction of misconduct and malpractice in the Steel Miils case on the puppet cabinet…or even by not being allowed to fly kites on top of the Supreme Court building so to speak…
A new elite has ben created in Pakistan and that includes those in unifrom. The moment you enter from a Civil jurisdiction to a cantonment or garrison area in a city, the world changes…flowers abound, roads are carpeted, parks are green, security is tight, habitants play and swim in the sports complexes, study in best schools, get treated in best hospitals, even get burried in a nice and clean graveyard… all at the cost of the tax payer money, who has to survive in filthy streets of the country with no justice, law and order, education, health, consumer protection or shelter!
Ms. Naila,
You are 200 % right we just celeberated women’s international day in the cosy comfort of 5 star hotels while the poor majority of women were either begging on streets or casting bricks at Bhattas. The dynasties of billionair rulers are increasing majority of Have nots is alarmingly increasing every institution is being raped. This day will be remembered in history of Pakistan as a Black day and Name of Mr. Naeem Bukhari will be added to the long list of those who caused a jolting damage to Pakistan. We will very soon reap the fruit.
It appears that Naem Bukhari is playing in the hand of army-led government to take revenge of insult government faced on account of steel mills sales and to pave the way to get Musharraf re-elected from this assembly.Presence of only members of newly selected judicial council in the oath taking ceremony of acting CJP clearly indicates motive of government that it is not willing to have any judicial hurdle in getting re-elected Musharraf as a president.In Pakistan where any this is possible for getting power such things used to happen in past and will continue to happen in future as well.
All respect for NB is dead now.
If he or his chamchas are reading this then let me enlighten them with more serious allegations against the thug GENERALS and gov.
The Lahore high court in Pakistan is being overwhelmed by complaints of military corruption involving the highest ranking generals, officials of the Pakistan Peoples Party have revealed.
The petition includes claims that:
* Air Chief Marshal Abbas Khattak (retired) received Rs180 million as kickbacks in the purchase of 40 old Mirage fighters.
* Air Chief Marshal Farooq Feroz Khan was suspected of receiving a 5 per cent commission in the purchase of 40 F-7 planes worth $271 million.
* In 1996, the Pakistan Army bought 1,047 GS-90 Jeeps at a cost of $20,889 per unit. The market value of the vehicle then was only $13,000. According to the National Accountability Bureau, some senior army officers made Rs 510 million in the deal.
* One hundred and eleven army men got 400 plots in Bahawalpur and Rahimyar Khan districts at throwaway prices –Rs 47.50 per kanal (1/8th of an acre) as against the market rate of Rs15,000-20,000. Six respondents got 400 kanals in Punjab, while former NAB chairman Lt Gen Mohammad Amjad was allotted a two-kanal plot on Sarwar Road in Lahore for just Rs 8,00,000, payable in instalments over 20 years. The market value of this plot was Rs 2 crore.
* Gen Pervez Musharraf acquired a commercial plot worth Rs 2 crore at the Defence Housing Authority in Lahore for just Rs 1,00,000, payable in 20 years. “As mentioned in the report of defence services director-general, a loss of Rs 5 billion was incurred due to such allotments,” the petition says.
* The army awarded a contract for the purchase of 1,000 Hino trucks at $40,000 a unit when the local Gandhara Industries had offered trucks of the same specification for $25,000 a piece.
* In the purchase of 3,000 Land Rovers in 1995, army officials allegedly received around Rs20,00,000 as kickbacks.
* The army management at the Water and Power Development Authority purchased electric meters at Rs 1,050 a piece against the market price of Rs 456, causing a loss of Rs 165 crore to the national exchequer.
* A former military regime sold the Pak-Saudi Fertilizers for Rs 700 crore and earned a Rs 200 crore commission on the deal.
* In 1996, the Pakistan Navy spent Rs 1.3 crore on installing air-conditioners at the Islamabad Golf Club without any justification.
Mr. Naeem has been very successful in the show business. His letter to CJ has been timed so well that one is forced to find the line Mr. Naeem has drawn between his two professions (law & show business). The worst part of this darkest patch in the judicial history of Pakistan is that apparently Mr. Naeem’s letter has been based for the Presidential Reference against CJ. I believe the grievances raised Mr. Naeem are certainly vaild but of low priority. Also, Mr.Naeem should also take into account if CJ has done anything positive which was not done before by any CJ.
Where was Mr. Naeem Bokhari. When his Mrs. Tahira Seed was in the arms of Nawaz Sharif. He used to wait for he at his home. I believe if Justice Iftikhar would have been there he would have help him to recover his wife. I this this is the basic grief of Mr. Bokhari that ” where was the justice at that time” Shame on Bokhari
This letter of Mr. Naeem Bukhari whom I respected alot is in fact does not look initiated for which it is being posed off. It now looks it was initiated for the porpose which has resulted in removal of CJ. It was another malacious move which has bowed the heads of the nation.
It’s really really unfortunate that things in our country are comming to this pass. It’s only the first time that I’ve had the opportunity to go through this letter. I don’t know whether all of it is correct or not, but it’s pretty obvious that the letter has a motive behind it.
Naeem Bokhari has been increasingly coming on TV and has had an ample opportunity to become the devil’s advocate and below whistles around against corrupttion at any and all levels; but he certainly refused to do so and has suddenly come out with this stuff. Obviously, there’s a reason why he didn’t do this previously and raised such voice against others.
Following his TV debates, one can easily come to the conclusion that he’s been just another junta mouthpiece. This impression solidified in my mind when recently, I watched him interviewing the President - General and his PM back to back in his show on HUM TV. More than being an interviewer, he acted like a poodle dog, to speak frankly. He was so servile and confirmist to both of them that watching the show became a sick and nauseating exercise. However, in a previous episode, when he interviewed Benazir Bhutto, he acted like he was a state prosecutor. In that instance, he became so agonizing that Benazir left her seat and he called for a break. Yes, it was all aired, although the program was recorded.
This is Naeem Bokhari - subjective to the core, even when interviewing popular personalities on TV.
I am not a lawyer nor a judge and have never studied Law. So I cannot comment on the technicality related to the removal. But being a patriot Pakistan, I just want to write few comments:
1. Any Tom, Dick and Harry Govt or offical son can get a job which others deserved more, so why not CJ son (if he did so).
2. Many people live in Govt. hostels in Karachi, even when they are convicted. (Check the records, if they exist)
3. I personally feel that CJ deserve a BMW and a chartered plane, because he have worked hard throughout his lifetime and been under pressure the most because of political influence. He deserves repect and honor more than MNAs and Ministers(there are few exceptions), who have inhereted thier places in Assemblies.
In the end I would refute the comments of Mr. Saeed on Mr, NB personal life.Referal to her wife is hitting below the belt/
I think the action taken by Mr Naeem Bokhari is right and justified and all irrespective of there position should be held accountable. Well done for this bold step Mr Bokhari
A small letter by Mr. Bokhari leads to a giant leap of intrigue and conspiracy. What remined of the judicial carcass will end in the abdomen of vultures.
I, as Pakistani, pray for the longevity of my beloved country.
@ Adnan: I’m sorry for my typo with regards to the comment at Article 209 of the constitution.
@Omer: Following is the article 209 of the constitution of the Islamic Republic of Pakistan:
[quote](1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231][otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
(5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter.
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.[unquote]
In above mentioned clause there are no provisions that would allow the President of Pakistan to either sack or suspend the CJ until the judicial enquiry against him has proven him guilty. And if only you would have cared enough to go through your own paper’s (Dawn) blow by blow account of yesterday’s events. You’d have known that the President General had declared the CJ ‘non-functional’ right after meeting him. Would you now please care to enlighten me as to which clause of which constitution of Islamic Republic of Pakistan, allowed him to do so?
And before you claim to know me and point fingers at me claiming that I’m just another MMA lover, I am letting everyone know here that I’m not.
I am hoping to get an intelligent reply from you, if possible.
Congratulation to the architect of dictatorship, Mr Shareef uddin Pirzada on the birth of your heir Mr. Bokhari.
Since the day when Pakistan was founded our Courts, judges, military and civil administration is being a play toy for outer forces, sometimes for UK sometimes for USA some times for others. I dont think that CJ is more corrupt than Shaukat Aziz, I dont believe that CJ is more corrupt than Pervez Musharaf and dont think that CJ is more corrupt that any one else in the current Government set up. Here are present service army Generals who made money (millions and billions) out of their corruption in current Government so why only the CJ. Why Musharaf is not taking a single action against his Military Generals, Ministers of cabinet, MNA’s, MPA,s, Nazim,s and all other machinary including Police. No because he is standing on their shoulders and CJ has given some jerks to these shoulders where Musharaf is scared to fell down. Thats all about the letter of Naeem Bokhari, he who could not control his own wife and infront him she was doing all flirts how he can blame CJ for something which is done intentionally by his son.
through out his life NB portraid
himself in the worst degraded positions, how CJ came to know all about him and give him deserving treatment in his court is another feather in the cap of CJ, IF I COULD SEE NB I WOULD SPIT ON HIS FACE AS A MARK OF UTTER SCORN FOR HIS UTTERANCES. SMARTGUY.
1st of all i dont think that Naeem Bokhari,s letter is even worth mentioning…the guy is nothing
but a showman!
Now come to the point;ACCORDING to our constitution(By the way,which is also a piece of
crap;discrimination against minorities in the very start and sovereignty assigned to GOD!….) the
Chief Justice could only be removed from office by the president “AFTER” the recommendation of
Supreme Judicial Counsel not before it…….its this Counsel,that suggests whether the judge under
scrutiny should be fired because of his misconduct,misuse of authority or actions prejudicial to
the dignity of his office etc…the removal of CJ Iftikhar Chaudhry even before his prosecution
commences is utterly nonsensical,absolutely not in accordance to the constitutional provisions and
irrefutable proof of militray,s EXTENSIVE knowledge about constitution.
Suppose;a vote of no confidence is brought in parliament against PM Shaukat Aziz(the 1st
non-political politician of Pakistan!)he couldn,t be removed from his office until the motion
against him presented in legislature is passed by two third majority or he resigns to avoid the
humiliation of being thrown out of office in such a dishonourable manner. SO what does it imply;the
defendant is always innocent until proven guilty! and another funny thing;technically Iftikhar
Chaudhry is still the Chief Justice of Pakistan because the recommendation of Supreme Judicial
Counsel is yet to come but our stupid military has already installed another CJ(Justice Javed
Iqbal)….this means that literally,at the moment there are “2″ Chief Justices of this country we
call PAKistan.
Obviously,many of CJ Iftikhar Chaudhry,s decisions were not liked by the establishment and at many
times he even scolded the authorities for not being able to ensure the public safety and uphold the
rule of law….and particularly after his landmark ruling on Steel Mill,s sale on such a nominal
price was surely going to bring some serious repercussions for him…Supreme Court specifically
ordered to ban the stupid and FATAL so-called festival of BASANT but the government not only
overruled the Supreme Court,s authority but indeed banned the public to ride motorbikes for 2 days
only to facilitate 1% of Pakistanis to fly a few worthless kites,who control the top brass. so why
not charge General Musharraf,PM Aziz,Shujat Hussein and CM Pervaiz Elahi with contempt of court?
why the hell not???
Talking of misconduct and misuse of authority;well,has any insititution in Pakistan done it so
conveniently and so often than ARMY itself?…they lied to us about the ALLEGED Indian aggression
in 1948,1965 and 1971,whereas the fact is that it was our army that satarted all these wars by
giving india some pretext for armed hostility,they have been responsible for one of the worst and
most shameful massacres of 20th century;OPERATION SEARCHLIGHT,launched from 25th March till 16th
December 1971,during which regular army troops backed by BERADED BEARS of Al-badar and Al-shams
killed hundreds of thosands of Bengalis and raped thousands of women……..yes RAPED! so much for
our JAWANS and their false pride!
to the best of my limited knowledge,no other military in the world is involved in EXTRA-CURRICULAR
activities to the extent that Pakistani army is!….Fauji Fertilizer,Fauji Foundation,Defence
Housing Authority,Army Public Schools & Colleges and above all Cantonements(which reminds me of
Apartheid policy of South Africa)whats the legal justification of military running their own
business with complete impunity ;like the country was made only for these thugs in uniform?
I am sick and tired of this army,the whole institue should be dismembered for the sake of
country……and i am pretty much sure that Musharraf,s next step would be to force Iftikhar
Chaudhry to resign even before his hearing begins to avoid the possible embarrassment if Supreme
Judicial Counsel acquits him,the political fallout,ll be to difficult for him to manage…….so
its always prudent to have a backup plan for such unforseen emergency!
DOWN WITH PAKISTAN ARMY
WELL……… in the land of dwarfs who can put up with an upright person…..God Knows wheather CJ’s as honest as we presume, but we are sure that Naeem Bokhari and the Musharaf are men of no character………..Slaute to CJ………shit for the rest of the two
Chief Justice Iftikhar M. Chaudhry has been a high court judge since 1989. The entire intelligence machiner of the government could not level one allegation of financial corruption against him. Sure, he’s not an angel, but his itself proves how honest this Chief Justice was. Instead they level flimsy charges against him like demanding protocol (which government official doesn’t!), mistreating Naeem Bokhari, etc.
We all love CJ Ch. Iftikhar and i can simply say that Musharraf,Shaukat and Naeem bukhari are all bastards.
This is a shameful act.
The allegations are simply ridiculous.
Thay just wanne get rid of such a man who bravely give decisions against the govt.
We are all sick of this bastard musharraf and PML(Q).They are all bullshits.Pakistani are not that much stupid as the govt. thinks.
WE ARE ALL WITH CH. IFTIKHAR
Good Bless him
The sad occassion of removal of CJ Iftikhar Chaudhry will be remembered in future as a Black day. I think the charges of Graft, corruption mis-appropriation and causing losses to Government of Pakistan to the tune of Billions of Rs.were levelled against MR. TARIQ KIRMANI (as Chief of PSO) by MNA & Member Standing Committee Petrolium & Natural Resources which were more heinous then the filmsy stories narrated by NB against CJ Iftikhar Chaudhry. Inspite of Pending enquiry reports with NAB Mr. Tariq Kirmani was elevated to yet another prize postition to Head the national Flag Carrier PIA where he broke all records of corruption, napotism, regimentation and regality and similar enquiries were again initiated for his role in PIA by The standing committee of Defence many a times but all power corridors have turned a deaf ear. As a result the arrogance and high headed ness of Tariq Kirmani lead to a disastorous ban on PIA’s entire fleet except 7 Boeing 777 ’s by Europeon Union causing collosal financial losses in billions of Dollars while the airline was already in a tail spin dive due financial crisis. I think much lesser legalities were involved in his removal. Tariq Kirmani was also summoned by President but for back thumping to go ahead with the rape of countries prestrige it’s Flag carrier. How you compare both cases.
Going through the comments we are mande to believe that the reference against thr CJ is entirely based on NB’s letter which really does not contain material warranting the swift and stern action taken by the President.The President and his advisors are not so naive or fools to take such a bold decision without reasonably being sure that they will be up-held by the SJC. I have a feeling that there is much more than what is contained in NB’s letter.The same shoud come out,I hope when the hearing takes place.In case the CJ resigns before the hearing supports my contention.If the CJ is not guilty and an upright man,as we all feel he is, then HE MUST APPEAR BEFORE THE SJC AND CLEAR HIS NAME.That indeed would be a befitting reply to the President and the people of Pakistan.I wouild also recommend that if he is exonarated by the SJC, the license of NB should be cancelled and he should not be allowed to practice law in the country.
[...] Naeem Bokhari’s letter to CJP; was this the trigger? Jump to Comments The letter can be read at http://www.teeth.com.pk/blog/2007/02/26/letter-to-cj-from-naeem-bokhari [...]
Fellow Citizens and Countrymen!
I am tempted to write this letter because the last few days have left some deeply troubling marks on the history of Pakistan. Today I want to share my thoughts with you, and hope that you will bestow me with the honor of telling me that I am wrong.
You all would be aware of the events that unfolded in Pakistan on Friday, March 9th. The President of the Islamic Republic of Pakistan�in the highest of highhandedness�ousted the Highest Adjudicator of the Land, the Chief Justice of the Supreme Court of Pakistan. Even by our rather lowly standards, this ouster is an inconceivable political first.
For me personally, the act inadvertently conjures images of the Medieval era in which the King sought the bountiful support of the judges and politicians; uncompromising on the slightest disagreement; and, using all means necessary to force them to follow his commands.
I am tempted to believe that ours is no Republic where laws are omnipotent. It has but a history as short as 60 years, but as powerful as a full 500 years needed to cast a spell of total ruin. Illusionists and magicians pulled out every trick up their treacherous sleeve to cast bad spells over the years and condemn the laws to the gallows. However, mo act compares to how the poltergeist of the Justice Sajjad era was invoked yesterday to haunt and deprive the masses of their only living hope�a powerful Judiciary.
Were we to put things in perspective, the last 60 years of this country are reminiscent of a tarnished era; one of struggle between the two noblest of institutions: the Army and the Judiciary. While a soldier takes solace�and pride�in defending his country, and sacrificing his life when circumstances so desire; a judge upholds the most fundamental of human values: the right of citizens to protection in the face of encroachment by the state. Both protections are needed because enemies�both internal and external�can strike without warning. A state can never do without these institutions. And can never do with one not following its role, and intruding into the affairs of the other either.
As simple as this seems for the rest of the world, this principle fails in Pakistan. For one reason or the other, our Generals have always carved “legitimacy� for their actions in the name of defending Pakistan against external aggression. To our great misfortune, we tend to accept this fact wholeheartedly. Telling them to stop interfering is like teaching Plato’s Republic to a Pig: it wastes one’s time and it annoys the Pig! But in our case, the tragedy is bigger.
Unwittingly or intentionally, we too are to blame for cowing in the face of their covert and overt intimidations. What is more, a fake sense of pride in defending against India makes us vulnerable to fooling ourselves into believing in them as our saviors.
Call it a material fact of our lives or a trivial assertion by someone trying to recapitulate how we have reached thus far; we are but fools with a tendency to dwell in superficial matters more than once�and often repeatedly.
The Chief Justice was indeed corrupt by our national standards. After all, it were in our idealized religious state that all the C(r)ore Commanders were made to return the billions they had accumulated; all those who forced East Pakistan to break away from West Pakistan were prosecuted; and, those who have plundered the national exchequer rendered public apologies. Now making the Chief Justice accountable for appointing his son to the FIA, or taking a chartered flight to offer Qul’s, are matters so non-trivial that the President should file a Reference against him.
Or wait. Would it have been better if he were simply hanged or shot so that we would not witness a justice that has been tailored to suit the needs of the powerful? You know once I had a friend comment that it was better if the Nazi’s were shot dead instead of making them stand trial at Nuremberg because it was all done to show “civility� to the rest of the world and no truth had emerged from the record. I had criticized him then, but now I agree. Not only is justice delayed justice denied, but justice compromised trades off into two shots in the head, dragging a corpse through the streets and best (and here is that part I now very truly believe in) proclaiming to the masses that no longer are there any “laws� to protect.
The advantages of this action are many. Once and for all, the masses will be spared the pain of not knowing whether the law will come to their recourse. They can extinguish the flame of the flickering hope that justice would one day arrive at their doorsteps. And best, there would be no more be suo moto actions against enforced disappearances by the Government, or calling them to explain their actions in the case of cheaply selling off national assets such as the Pakistan Steel Mills.
What happened to the Chief Justice of Pakistan is indeed the greatest conceivable disrespect of the Judiciary. What is graver�and totally unforgivable�is that one man can change the laws to suit his ambitions. Not intending to scare, what is even graver is that he has followed this pattern as a matter of “law.� Today, he insulted the Chief Justice. Tomorrow he will find no higher-ups to insult. Nature will then take its course. The Lord shall then entrust a greater power to eliminate him. Such are the affairs of life. Indelibly, Pakistan will continue to suffer as it has in the past.
We are men of conscience who have consciously or unconsciously fallen prey to religious fervor, vague patriotism, and an unidentified national identity. Before we lay ourselves to rest forever, let us take one last breath together with all our shattered dreams and diminished hopes.
Let us forgive all the Generals for their takeovers.
Let us forgive all those who have looted this country.
Let us forgive all those who broke this country into two pieces.
Let us forgive all those who again want to break this country.
Let us forgive all those who traded national secrets for their personal gain.
Let us forgive all the Naeem Bokhari’s who have played out in the hands of intelligence agencies.
Let us forgive all those who kill others in the name of their Islam.
Last but not the least, let us forgive ourselves for forgiving everyone today.
Yours sincerely,
Bechara Pakistani
is Naeem Bokahri not getting any media publicity, that he is using other means to get attention? i feel sorry for him, that despite writing a long letter, using words very clevery..he failed to make a point.
he could not prove any corruption or money laundering case towards CJ.
so what exactly is he whining about..that CJ has a mercedes and his son has a BMW? why he doesnt inquire about all the bmws and mercedes in islamabad and where the money came from?
and if he complaing about the harsh attitude of the cj, if naeem bokahri heart is so vulnerable..he should quit advocacy where people traet him so harshly and contiue hosting some tv show where he is used to get praised and singing poetry.
Here is Article 209.5 (as ammended). You will notice that It says “If, on information received from the Council or from any other source.” That, there, is your Clinton Clause!
He can form opinion based on thin “any other source!” Pakistani Constitution is such a crock!!!
(5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter.
Here is Article 209.5 (as amended).
“(5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter.”
You will notice that It says “If, on information received from the Council or from any other source.� That, there, is your Clinton Clause!
He can form his opinion based on thin air or he can just pull it out of his ass; which is a legitimate “any other source!� Pakistani Constitution is such a crock!!!
The way Chief justice’s family was treated by this corrupt regime had left me wonder that what kind of country pakistan is? Please click on the following link to read how CJ family was treated: http://www.nation.com.pk/daily/mar-2007/11/index8.php
I would only prey that I can see a day when Mushy is arrested, trailed, and charge for treason.
Well I do see politics behind this letter of over boldness, Naeem got the Government support and he has been offered a good amount of money to write such thing against CJ, It is now clear CJ is CJ and Mr. Naeem has made the Ground for injustice, Shame on us that we don’t know how much Mr. Naeem has been paid for this, He is not respectful anymore, this nation is not Idiot. Shame on Naeem Shame on you
It is time that the courts and judges are held accountable. Pakistan can be reformed if the judiciary can dispense justice without corruption and self interest.
Atlast!!! Someone speaks. Wish more people followsuit. We need to get our self respect as an individual back from these vultures of power that are in our Pakistan, only then will our nation be respected. Hope the President can read and understand
NAEEM BOKHARI is just a “kanjar” who is “Pitho” of Govt and he should be jailed forever for this letter as he is assisting a non damocratic government.
What’s next for us… the Judicial Council meeting on Tuesday behind closed doors; declaring the same eveing that the reference against former CJ was correct and so he is removed from his duties immediately???…insiders comment that there is a strong bias against the CJ within the judicial council already…so the result is probably on the wall!
What is going to be unfortunate after this is the army led government blaming the juduciary of everything that will happen till that time and get out smoothly, safely…
Long live liars and usurpurs; for the weak common man, there is a single message; “Hey dude, we don’t even tolerate the Chief Justice of the country in our way, who are you to protest against our actions?”
Where is NB by the way? Nowhere on TV, newspapers… anyone?
In my opinion, people like Aziz A Munshi and Shrifuddin Pirzada should be sent to exile from Pakistan due to their services for the dictators…NB will require sometime to reach there!
I am a big fan of Naeem Bukhari, where as I just know Justice Iftikhar Ch coz of some good decisions like Steel Mills case.
I am astonished that our society is full of filthy corruption at every level which is not obsreved by Naeem Bukhari and he suddenly became sole custodian of Pakistan. On his part it is the worst thing one can do in a sophisticated society. He is a sick minded person and i could not expect such kind of stupidity on Naeem Bukhari’s part. He has committed a historic crime and Nation will not leave him.
100% agreed with Naila that the decision of Supreme Judicial Council is already written on the wall.And i can see that after a few months when the nation’s attention will be divertd to another issue,Mr Naeem bokhari will be awarded a better place according to his own wishes.And what i think MR NB’s brother Mr Saleem Altaf(the present director operations Pakistan cricket board)will be the next Chairman of PCB after Dr Naseem Ashraf.
Finally Pakistan is moving towards a self correcting society. Whether the charges are right or wrong, This Letter by Naeem Bukhari will lead to give powerfull judges etc. to fear they can be caught for thier wrong actions and they are not the Gods.
And We must also appreciate Musharaf’s Govt to give freedom of expression to people. One must be allowed to point out if he wants to. now jury may decide right and wrong according to law.
Minister’s and politicians (Like Speaker national assembly Ameer Hussain who bought a mercedese and Arbab ghulam raheem who bought a luxury private jet on govt’s expense) also should open thier eyes and stop the Hooters and mercedeze culture.
Well Done Naeem Bukhari, and Well done Musharraf. I think musharaf should proudly announce he is a TRUE DICTATOR and doing what democracy cant ever do (bcoz pakistan’s majority isilletrate and dumbhead).
Matters related to courts and law… boring., I skipped to the end.