Chief Justice of Pakistan: A monumental failure – by pejamistri

Big successes often turn into monumental failures and this is one such case. It does not matter whether CJ Iftikhar Muhammad Chaudhry (IMC) was hand in glove with Kyani in order to get rid of Pervez Musharraf, the point is people started putting faith in him.  In my observation, CJ IMC is probably the biggest failure in the history of Pakistan, from Bhutto , to Junejo , to BB, to NS and AZ every single Pakistani person whom people even trusted remotely have always proved that they were capable of upholding that trust by taking on the dictators and generals without fear.

It is my pet theory that once a Pakistani earns the trust of the people and knows people are behind him, he/she can take on any force and any dictator, and once a person have earned people’s trust, he never betrays them , all of the above ZAB , BB, NS and AZ and even Junejo they looked into the eyes of dictators even if they had, at some early stage of their career, worked with dictators. But after the realization that the people of Pakistan are behind them they have become a different person once and forever.

IMC is the most unfortunate person in the history of Pakistan , he probably earned biggest trust in Pakistan’s political history, with that trust he could have easily made his name remembered as the greatest founding father of democratic Pakistan. After his restoration he could have easily brought Kyani / Pasha to the court, ensured that the missing people are recovered and Kyani/Pasha and his associates get exemplary punishments. There was no one who could have stopped him from making history after his restoration. From centre-right NS to PPP and from Swat to Baluchistan people would have supported him just as they supported when he was sitting in his home.

He forgot that the people power is bigger than the power of gun. The simple thing that all his fellow countrymen (ZAB, BB, NS) learnt easily. It was not difficult for him to make the history. All routes were open for him. In November 3rd case he could have easily brought both Kyani and Pasha and all their accomplice generals in the court, would have given them sentence under article 6, nobody could have stopped him.

In missing people case all ISI criminal could have easily been put in jails and given capital punishments in some instances. No one was there to stop him except of course the army, there is no question this time he might have ended up in adiala jail instead of his home but he could have easily become immortal after choosing that path. People have seen how ZAB, BB, NS took on the generals when they were in power, albeit they ended up in jails, gallows and out of country. IMC could have easily done the same but decided to squander the opportunity.

Instead he choose the path that was easier but led to anonymity in the history. After his restoration IMC turned out to be worse than Abdul Hameed Dogar in many ways. He decided to play to the gallery (a gallery where the generals were sitting in audience), he preferred “Fake Degree” case over the “Missing People” case, and NRO over “November 3rd” and “Firing” his fellow judges instead of “Firing” the generals.  He never looked to be a person of character in the absence of people like Aitzaz Ahsan/Munir Malik. His observations in the court even when they were rhetorical looked devoid of substance. He looked weaker than Hameed Dogar when he formed a 5-member bench for PCO judges case.  He looked sinister than Pervez Musharraf when passed judgments like NRO against the politicians. In short IMC is the story of disappointment to the people of Pakistan. He also proved to be an exception to my theory, it is not only the trust of people that makes a person powerful but also the character of that person to uphold that trust.

13 responses to “Chief Justice of Pakistan: A monumental failure – by pejamistri”

  1. Peja Bhai,
    I salute your courage in writing this. Not many have the guts to write about the Holiest Cow of Pakistan and the darling of media, Iftikhar Chaudhry.
    Some of the things you overlooked include:
    1. Judgement that a super store be brought down and amenity plot brought back to previous state. The previous state was a dumping ground in Lines Area, Karachi. I am talking about Makro judgement
    2. Judgement on McDonalds in Islamabad, which was operating since 2006. Dont these two judgements tell an investor to stay away from doing business?
    3. Judgement on promotion of civil servants despite the right of PM to promote people to grade 22. Why he doesnt speak about the extensions given to Kayani and Pasha?
    4. Calling for a conclave last year of judges on rumors that government was to take away the executive order
    5. Depending on the likes of Ramday and Khwaja Sharif to ridicule civilians and polticians etc

    there are just many more. Just like there is a list of turncoats joining PTI, lubp must prepare a list of actions (good or bad) of IMC!!!

  2. Excellent post, but I think Peja bhai has ignored the fact that CJ Chaudhry was never been associated to people’s aspirations and expectations and in this regard his comparison to elected representatives, chosen directly by the people is misappropriated.

    Or we are judging popularity on the measures set by Cable Tv channels or some very ucredible survey groups.

    Popular forces had distanced themselves, when the reinstatement movement was joined by the likes of jamat Islami and sipah sahaba. And the long march, dont need to comment on that

  3. Excellent post Peja bhai ,

    We took the retards way too seriouly .

    SC Judge comment on two of the Mukhtara Mai’s rapist , who happens to be real brothers

    ” How can two brothers rape someone at same time ; in our society there’s so much respect for elder brother “.

  4. @Ali Arqam
    Although I agree with you that the comparison is rather misplaced, however I measured his popularity based on two factors:
    1. The political party support to him during the judicial movement. The support was almost unanimous and there were no two questions at that time that IMC must be backed and given full support.
    2. The international recognition and the de-facto status of IMC leading the judicial movement.

    Both of these factors meant that IMC could easily uphold these people trust and if he had done the opposite what he is doing since his restoration than probably you and me would not have this discussion and IMC would have stood in the same league of great people.

    @Humza Ikram
    🙁 .. btw that judgment was perhaps the most disgusting judgment in the whole judicial history. I had the misfortune to read that judgment.

  5. Lack of logic and reasoning in IMC judgements .

    Chairman NAB of Musharaf,PGA nd Deputy Prosecutor Gen. NAB of Musharaf,Attorney Gen. of Musharaf all hv been given relief by SC in NRO case .

  6. Good though putting Junejo in the list of popular leaders like Zab and BB is like a bit bad taste.

    Judicial movement lacked peopular based even in its start when all parties supported it. It never achieved the test of a country wide general strike. Workers unions didnt supported it. It was a movement limited to cities in a specific subset. Parties like PPP had an agenda while supporting the movement and it was not restoration. Their support filled the ralles but after election it was purely a right wing show.

  7. If IMC had a small bit of conscious and sense of judgment he should have resigned after right after the restoration mentioning that a judge is supposed to be impartial and after all those issues he is no more an impartial person as well as he is a PCO judge for first Musharf PCO. Nobody took up the reference sent about his son.
    He has removed the judges without proper procedures and set up a bad precedence by trying to make a chain of command in judiciary which is totally against the natural justice.

  8. Which reinstatement? The July 2007 one, or the March 2009 one, in which all of Punjab was placed under President’s rule.

    Personally, I don’t consider Pakistan “normal”, until we went into South Waziristan to take back the territory from terrorists using it to send bombers into the rest of Pakistan.

    After the CJ movement had begun, simultaneously, the real terrorist uprising began with Lal Masjid. So we had two different streams of movement, both against the government of Pakistan, one infinitely saner than the other (CJ movement). Whilst Musharraf was still on his throne, most of the fire was directed at the army. After the elections though, was when things began to be different. From February 2008 till March 2009, and especially the period after August 2008 and the removal of General Musharraf there was a window of time where the restoration of Iftikhar Chaudhry could have looked like an act of bipartisan noblesse oblige.

    After the Autumn of 2008, the simultaneous desire of terrorists and Americans using drones to turn all of KPK and FATA into a proper battlefield, may have distracted the presidency, that I will grant. However, noblesse oblige could have prevented the Long March of March 2009, and prevented his restoration falling into the normal right-left divisions of the country.

    Once 2008 had passed even Kayani became involved. You can’t think then Iftikhar Chaudhry would become involved in taking down the military? Especially under the circumstances when the army is involved in fighting on behalf of this government.

    Anyhow, there is one undisputeable fact that Iftikhar Chaudhry did earn; he was the tip of the spear in sparking a movement of non-violent street protests that allowed civilian politicians to return to Pakistan. For that history will remember him, for sparking a movement till midway, when the politicians picked it up from there.