Eileen Kaufman, former SALT co-president, writes this report on the July 1, 2008, presentation by Aitzaz Ahsan at the New York City Bar Association:

On July 1, 2008, Aitzaz Ahsan, the leader of Pakistan’s “Lawyers’ Movement” and the President of Pakistan’s Supreme Court Bar Association, spoke at the New York City Bar Association and provided an update on efforts to restore an independent judiciary in Pakistan.

He began by expressing enormous gratitude to US lawyers for their support, which has helped provide strength and sustenance to the movement.  In his view, it is the support of US lawyers that has endeared Americans to Pakistanis despite the policies of the Bush administration.

He then proceeded to describe the battle for an independent judiciary, beginning with the March 9, 2007, arrest and indictment of the Chief Justice. (Mr. Ahsan was quick to explain that he was using terms like “war” and “battle” metaphorically only and that the lawyers’ movement has been steadfastly non-violent.)  Mr. Ahsan represented Chief Justice Chaudhry in proceedings before the Supreme Judicial Council, which were held in camera, despite repeated demands for public hearings. 

After approximately ten days of hearings, during which time the Tribunal repeatedly refused to open the proceedings, Mr. Ahsan decided to challenge the proceedings in the Supreme Court of Pakistan.  A thirteen member bench was convened (which did not include the judges sitting on the tribunal because they, quite purposefully, had been named as respondents).  While the case was being argued, the Chief Justice “took to the road” and from May – July was greeted by millions of Pakistanis who lined the streets.  Mr. Ahsan described one such road trip from Islamabad to Lahore which, although only 150 miles, took 26 hours because every inch of the way was packed with supporters.  The response to these road trips evidenced the overwhelming support within Pakistan for an independent judiciary. 

On July 20, 2007, the thirteen judge bench of the Supreme Court unanimously ruled in favor of reinstating the Chief Justice.  Mr. Ahsan characterized this ruling as unprecedented: it was the first time a chief justice had successfully challenged the chief executive in an apex court.

The next phase of the roller coaster ride occurred on November 3, 2007, when President Musharraf ordered the arrest of sixty judges. The Chief Justice and nine other judges of the Supreme Court and their families (including school age children) were detained until March 25, 2008.  During that five month period, the Chief Justice and his family were held incommunicado; they were not permitted to venture into their front or rear yard; barbed wire was placed around the perimeter of the property which was patrolled by officers; and all phone lines were cut. 

The detention of the Chief Justice and other judges ignited a lawyers’ protest, which led to thousands of lawyers being arrested, detained, and subject to police brutality.  Ultimately, President Musharraf was forced to shed his uniform and relinquish his position as Army Chief.  His political party succeeded in capturing only 40 of the 272 contested seats in the February 2008 election.  Mr. Ahsan characterized the February elections as the sacking of President Musharraf by the people of Pakistan.

Unfortunately, despite the electoral results, the judges have still not been reinstated.  Mr. Ahsan attributes the delay in part to United States governmental policy.  He points to the fact that during the Chief Justice’s five month detention, the United States government failed to utter one word of protest about the fact that the Chief Justice’s three school age children were being detained and prevented from even attending school.  Mr. Ahsan contrasted the silence of the US administration to the active support of US lawyers and attributed the Bush administration’s silence to its desire not to embarrass President Musharraf.

Mr. Ahsan was critical of the West’s preoccupation with the results of the February election because, in his view, the U.S. has failed to understand that there cannot be a stable, democratic system in the absence of an independent judiciary.  The new Parliament cannot be considered legitimate if it fails to reinstate the judges. 

While there is talk in Parliament about passing legislation to provide job security for judges, such an effort would be a “mockery” if it proceeds without reinstating the truly independent judges who have been ousted.  The most effective weapon against terrorism is to endow the broad mass of people with enforceable rights. The judiciary acts as a bulwark against extremism and when the justice system is subverted, extremists flourish.   Mr. Ahsan believes that the failure to reinstate the judges is linked to the war on terror in a way that the US administration has simply failed to grasp.

In a continued effort to effectuate the reinstatement of the judges, Pakistani lawyers undertook a “long march” on June 9, 2008.  Lawyers participated from all across Pakistan, converging in Islamabad on June 14-15, 2008, where roughly half a million people joined in a non-violent rally.  (In the question and answer period, Mr. Ahsan was asked to react to the fact that the long march “didn’t accomplish anything.”  His response was to analogize to the U.S. civil rights and anti-war movements, and to point out that no single demonstration can be expected to result in an immediate change in policy.)

The next project will be a convention in Pakistan in late September, which will be inaugurated by the Chief Justice and other Supreme Court judges who have not been reinstated.  No judge who took the oath after the March 2007 ouster will be invited to speak.  Mr. Ahsan hopes that the convention will attract an international audience. The objective remains the reinstatement of the judges (not necessarily the removal of President Musharraf although that may be a byproduct of the judges’ reinstatement).