As the Muslim world celebrated Eid and as the outside world celebrates Christmas, the forcibly ousted chief justice, Iftehkar Choudhry is being treated as a prisoner, held under house arrest and not even allowed to visit the mosque for performing his religious duties. His main lawyer, Choudhry Aitezaz Ahsan, a well known senior lawyer was severely beaten and taken away in a car when he was on his way to meet his client, the former chief justice. The lawyer is now severely injured and being held under house arrest. He has not committed any crime other than to offend the military regime lead by President Musharraf by being the legal representative for the chief justice who has become Pakistans symbol for the struggle for the independence of the judiciary.
After Munir Malik, who was severely beaten and poisoned by the military and held in prison, Mr. Ahsan became the President of the Supreme Court Bar Association. This is therefore the second attempt by President Musharraf to crush the Supreme Court lawyers of Pakistan by torture. The resilience of the top-most lawyers of the country has been a thorn in the side of the military regime. The regime is aware that the will of these lawyers to uphold the law and to protect the independent judicial institutions challenges its very existence.
The assaults on Munir Malik and Mr. Ahsan are a stark demonstration of the militarys determination to put down the lawyers by bloody force if necessary. It is very clear that the military will use further violence on the lawyers and anyone who stands up to defend the independence of the judiciary in the days and weeks to come. The military has reached the point where it needs to wipe out independent lawyers and their associations for the purpose of the political survival of President Musharraf.
Meanwhile, everyday thousands of lawyers and members of civil society including journalists, are demonstrating on the streets. Each time the people take to demonstrations the police and the paramilitary units go behind them for making arrests and otherwise harassing them.
The international recognition of the struggles of the lawyers, judges, liberal and progressive people of Pakistan is completely ignored by the military. Such pressure from the international community itself is regarded as a threat to the militarys scheme that is being pursued as the future road map for the country. Meanwhile, even the leading political parties have not shown any determination to defend the struggle of those who pursue the rule of law and democracy in Pakistan. Unfortunately, these political parties are unable to separate themselves clearly from the political designs of President Musharraf.
Asian Human Rights Commission is of the view that under these circumstances the election that is to be held on the 8th January does not inspire any confidence in anyone. Most people take it as a fait accompli that the military will have its grip reinforced through this election. There is no benefit that the people of Pakistan will derive from this election; the corrupt will become more corrupt; the powerful will shed more blood; and all the democratic institutions of the country will be erased.
The year 2008 will be a dismal one for the people of Pakistan if the struggle for the independence of the judiciary lead by the Supreme Court judges, lawyers and others is to be lost. The really important struggle for the survival of Pakistan as a civilised society lies with this struggle. It is this struggle that requires the support from all persons of good will now.
The AHRC urges that there should be an international inquiry into the violence caused by President Musharrafs regime to the judiciary, lawyers, journalists and others engaged in this struggle. All judges and others held in house arrest or prisons should be released forthwith. The lawyers and others who have been injured by torture and assault should be provided with medical care and the international community must extend their protective arms over all these persons. All self respecting judges in Pakistan who are at the moment holding judicial positions should demonstrate their respect for the rule of law by resigning from their posts. The military scheme to exterminate the independence of the judiciary and those who try to defend it need to be condemned and sanctioned by the United Nations and all other international bodies.
