Freedom of judiciary and three sons of Balochistan
Wednesday, March 18, 2009
By Rahimullah Yusufzai
PESHAWAR: Though population-wise Balochistan is the smallest province of Pakistan but its contribution in the successful movement for independence of the judiciary was the most significant if one were to consider the crucial roles played by the Chief Justice of the Supreme Court, Justice Iftikhar Muhammad Chaudhry, Justice (retd) Tariq Mehmud and Ali Ahmed Kurd.
All three belong to Balochistan which, in terms of area, is the largest province of Pakistan and also the country’s future economic lifeline on account of its vast natural resources. Chief Justice Iftikhar Muhammad Chaudhry set the ball rolling by saying “no” to the military ruler, Gen Pervez Musharraf, who summoned him to his presidential camp office in Rawalpindi to force him to resign. His defiance triggered a countrywide agitation by lawyers and caught the imagination of the media, political workers and civil society activists. He stayed on course and refused to compromise even when most of his brother judges abandoned him and preferred to seek back their prized judicial jobs.
Iftikhar Chaudhry has set a record of sorts by twice getting reinstated as the Chief Justice of Pakistan. This became possible due to his determination and that of his innumerable supporters belonging to every walk of life. He became a symbol of the struggle for independence of the judiciary and the rule of law. The slogan, “Chief teray janisar, beshumar, beshumar!” was coined for him and it represented the love and respect for the rightful chief justice of the Supreme Court.
Justice (retd) Tariq Mehmud, another native of Balochistan, was among the pioneers of the struggle for an independent judiciary in the country in recent years. It was in 2002 that he resigned as a judge after refusing to conduct the controversial presidential referendum held by Gen Musharraf to seek election as president in uniform. Justice (retd) Tariq Mehmud was the top judge of Balochistan but he preferred principles and upheld the law and the Constitution instead of succumbing to pressure and validating the fraudulent referendum.
His sacrifice earned him the admiration of the lawyers, who elected him the President of the Supreme Court Bar Association.
Justice (retd) Tariq Mehmud was member of the legal team that defended Chief Justice Iftikhar Muhammad Chaudhry when he was deposed by Gen Musharraf and a reference was filed against him in the Supreme Court of Pakistan. After the imposition of the Emergency Rule, Justice (retd) Tariq Mehmud was arrested along with Munir A Malik, Aitzaz Ahsan, Ali Ahmed Kurd and other leaders of the lawyers’ movement. Despite his illness, he was made to sleep on the cold floor of his cell at the Sahiwal jail. When his condition deteriorated, he was shifted to a hospital in Lahore.
The third son of Balochistan who played a pivotal role in the lawyers’ movement was Ali Ahmed Kurd. His fiery speeches inspired the lawyers and all those who wanted the movement to succeed. Despite his small physique, he stood tall and defiant at every step of the lawyers’ movement.
When he subsequently won election as president of the Supreme Court Bar Association, it was the culmination of his life-long struggle for justice, democracy and human rights. Luck also favoured him, as it was during his stewardship that the lawyers’ community achieved its goal of getting the deposed judges reinstated.
Freedom of judiciary and three sons of Balochistan
