Pakistan going through 'silent revolution': ex-CJ

NEW YORK - Stating that Pakistan was going through "an evolution as well as a silent revolution", sacked Chief Justice Iftikhar Muhammad Chaudhry expressed confidence that the lawyers movement would ensure the supremacy of the Constitution, independence of the judiciary and the rule of law in the country.
"Because of this movement, different factions of society have united for a common cause. Because of this movement, people have become aware of important issues and have woken up to the importance of strong and independent institutions," he said in a speech at the University of Pennsylvania Law School on Thursday afternoon.
"I represent the thousands of lawyers who have been fighting for an independent judiciary and the rule of law for over a year . I represent the countless Pakistanis who stood alongside the lawyers and have endured all kinds of atrocities during this period. I represent the brave and valiant reporters and journalists of the Pakistani media , who have also experienced every possible hurdle , including not only risking their lives but actually sacrificing their lives because of what they stood for and what they were not prepared to compromise," justice Chaudhry told a big gathering of students, lawyers and constitutional experts.
The chief justice was given a standing ovation. The Dean of faculty of Drexul University received him and his delegation, which included prominent lawyers Aitzaz Ahsan and Athar Minallah.
The Dean described Justice Iftikhar Chaudhry as the true hero and the lawyers of Pakistan as models for lawyers across the globe. Minallah thanked the Dean and the faculty for a very warm reception.
In his speech, justice Chaudhry said, "The 'rule of law' has become an essential condition or prerequisite for 'good governance', but in the context of new democracies such as Pakistan, this principle acquires an added significance: The maintenance of rule of law through an independent judiciary strengthens democratic institutions and brings about national unity and cohesion.
"An important lesson from the contemporary world is that nations that practice rule of law, achieve a relatively better system of administration. Such a system enforces the principles of 'accountability' and 'transparency' and guarantees the fundamental rights and freedoms of citizens.
"The citizens have confidence in the judiciary to safeguard their rights and interests and resolve their conflicts and disputes. The courts comprising of honest, independent and competent judges, dispense justice freely, fairly and impartially. An independent judiciary is a crucial safeguard for foreign investors, local entrepreneurs and the business community for the protection of their capital".
He said that rule of law contributes towards the maintenance of peace , which is an essential requirement for trade, commerce and flow of foreign investment.
Speaking about Pakistan's chequered history in achieving truly independent institutions and adherence to the Constitution is concerned, justice Chaudhry said the frequent interruptions of constitutional rule and democratic dispensation have not dampened the spirit of the people, who continue to aspire and strive for establishing a civilised system of democratic governance with strong and stable political institutions, a viable legal system and an impartial and independent system of administration of justice.
"The successive constitutions, in particular the 1973 Constitution, which is the current supreme law, provide for judicial independence," he said.
In recent years, justice Chaudhry said the Supreme Court took major strides towards consolidating judicial independence and attaining public confidence in the administration of justice. "This was done through strict adherence to the norms and principles of the Constitution, impartial dispensation of justice, expeditious disposal of cases and clearance of backlog that had accumulated over the years", citing some landmark judgements.
But he said former President Pervez Musharraf, under the cover of emergency, struck at the independence of judiciary, sacking some 60 judges, including himself. Pakistani lawyers were stuggling to restore the independent judiciary.
"The struggle is indeed unique, not only in our history, but perhaps, in the legal and constitutional history of the contemporary world. It has now assumed the form of a civil revolution , and will go down in history as a decisive movement in the evolution of Pakistan to ensure the supremacy of the Constitution, the independence of the judiciary and the rule of law, as envisioned by the founding fathers of the Constitution".
On Friday, the chief justice offered his jumma prayers at Makki masjid in Brooklyn, a borough of New York City, along with hundreds of Pakistanis and Muslims from other countries. He politely declined demands to address the gatheriong, saying he had just come to offer his prayers.