Today’s post is the first of a series of posts that will be published over many weeks. The posts will chart the journey of the lawyers movement  from 9 March 2007 and its  milestones until the historic judgement of the Supreme Court of Pakistan as delivered on 31 July 2009.

This post has been a long time coming. On March 24 2009,  I wrote a post titled 507 days of martial law end on the day the Chief Justice of Pakistan was restored as he sat again in court room number one. 129 days later on July 31 2009, the Chief Justice and his brother judges have reversed the illegal acts of November 3rd in full and put down the Dog sorry Dog(gar) and said good riddance to martial law.

Adding up the days we arrive at the conclusion that after 636 long and painful days,  Pakistan has returned to its natural state of constitutionalism and the rule of law. And what a journey of sacrifice, thanks above all go to the Lord of all Lords ALLAH, for divine intervention has played a key part in reminding all Pakistanis that this nation was created for a divine purpose and to serve as the second Madina.

The Chief as I fondly call him, Chief Justice Ifthikhar Muhammed Chaudhry has remained steadfast and principled throughout the struggle along with his brother judges and they deserve the highest praise. In fact no words are good enough and I cannot do better other than to praise them all as true sons of the Quaid.

The ordinary lawyer is equally deserving of such praise and are sons of the Quaid too as they were and are the true change agents of Pakistan. From Swat to Sukkur the ordinary black coated lawyer sacrificied their livelihoods and for many their lives too in what history will record for the most noble of causes -the rule of law.

The lawyers movement and its leadership too are deserving of equal praise and are true sons of the Quaid. I begin by lauding lesser known household names such as Sardar Asmatullah, Mehmood-ul Hasan, Justice Rasheed A Rizvi, Naeem Qureshi, Manzoor Qadir, Anwar Kamal, Baz Muhammed Kakar, Lala Latif Afridi to name only a few of the principled office holders of the Bar Associations across Pakistan. The stellar leadership of the super six of  Athar Minallah, Muneer A Malik, Ali Ahmed Kurd, Justice Tariq Mehmood, Hamid Khan and Aitzaz Ahsan need no introduction  and again no words of praise are enough and yes at the risk of boredom they too are true sons of the Quaid.

Last but not least I wish to praise departed friends whose sacrifices have led us to see this momentous day. I begin with the great Ahmed Faraz saab who was a leading light in this movement and a hero of Pakistan for all time.  I believe Faraz saab is with us all today in our victory and that he will be smiling today, content and happy in Paradise to see that justice has won the day in his Pakistan.

Imdad Ali Awan is another hero of Pakistan who was the President of the Sukkur Bar Association that first invited the Chief Justice to address it. The captain of the lawyers movement, Muneer A Malik  said that ‘ barash ka pehla katra Sukkur mein gira’ translated as Sukkur was responsible for the first raindrop of rain that became a torrent that swept aside Musharraf and his goons. Thus Imdad Ali Awan and his Sukkur Bar Association wrote the first chapter of this victory and we celebtrate and salute him today.

Civil society, the passionate and proud Pakistani awaam are too deserving of praise as are students and bloggers including the Emergency List of Samad Khurram and my friends Awab Alvi, Kruman and others who stood tall and raised their voice for the rule of law.

At a personal level I am proud of the role Other Pakistan played throughout the struggle and hope that this is a new Pakistan that is taking shape right here and right now.

Let us pray that it will be a Pakistan of constitutionalism and the rule of law, one of hope and of equal rights for all its citizens and is exactly that Pakistan envisioned by the Quaid-e-Azam as that is our aim and thus our struggle continues to create an ‘other’ Pakistan, the Quaid’s Pakistan.

The Chief Justice and his brother judges have been restored. The lawyers movement have achieved their goals for the restoration of judges as per the November 2nd position. This is a historic day and the culmination of a great struggle and the first chapter of a new Pakistan.

As a passionate supporter of the Chief Justice I cannot put it in words how happy I am now that the Chief Justice and more importantly justice has been restored. Above all I pay tribute to the lawyers, every single lawyer who took on the mantle of saving a country that was created by a great lawyer. You are the true sons of the Quaid and Pakistan salutes you.

I pay special tribute to the leaders of the lawyers movement Munir A Malik, Justice Tariq Mehmood, Aitzaz Ahsan, Hamid Khan,  Justice Wajihuddin Ahmed and Ali Ahmed Kurd.  Pakistan salutes these sons of the Quaid.  I also pay tribute to the political leaders who supported the restoration of the Chief Justice from day one namely Nawaz Sharif, Imran Khan, Qazi Hussain Ahmed, Mehmood Khan Achakzai, Rasul Bux Palijo, Abdul Haye Baloch and Qadir Magsi.

For civil society I dont have enough words of praise and a more detailed post listing our heroes is needed if not essential as a record of our new history. Let us not forget that this is an achievement borne of many sacrifices  notably the blood of  innocents of May 12th as well as heroes departed such as Imdad Ali Awan and Ahmed Faraz who will both be smiling today.

I remain cautious as to the mechanics of the restoration as I do not trust Mr 10% and do smell a rat. I wonder if he will insist on an ego triip and  will only restore the Chief Justice if he takes a ‘new oath’ under him as President.  Other concerns include whether the Chief Justice will be curtailed by a new law especially his suo moto powers that bought relief to many poor citizens. Above all the acts of November 3 need to be reversed and I hope the Chief Justice is allowed to do this and that the politicians and establishment have not set up a ‘deal’ as per the best interests of the nation.

That said this is a defining moment in Pakistan’s history as the Chief Justice has been restored due to people power. This is a lesson for all past, present and future military and civilian governments alike that the power of the people is real power and that they must govern only in their interests.

Congratulations to the people of Pakistan, I am so proud of you today. I must stop here as I am in the mood to celebrate and perform a bhangra or two as is happening all over Pakistan today from Lahore to Lakki Marwat. The Holy Quran says ‘with hardship goeth ease’, I pray to ALLAH that the restoration of the Chief Justice will usher in a golden era of justice for all, and above all ease for all.

We are witnessing the dawn of a new Pakistan, let us celebrate that together as we have had too many bad days and too many tragedies. Let us stand tall as one and rise to our challenges too as one, let us build a new Pakistan, an ‘other’ Pakistan that is the Quaid’s Pakistan.

So friends and comrades its not dharna time its BHANGRA TIME. Let us smile today, hug your loved ones and celebrate as this is a victory for Pakistan and her passionate people.

And yes its still martial law until the Chief Justice is restored  and sitting in room number one of the Supreme Court  hence my end comment as below:

- WRITTEN UNDER MARTIAL LAW (My thanks to cowards Tariq Pervez. Sabihuddin, Sardar Raza & Co for selling out)

Mr 10% has led us to this point of no return, his smile soon to be swiped off his face by a nation that gave him a chance to redeem himself after his past crimes. The government’s response to peaceful protest has been so high-handed and significantly more authoritarian than the treatment meted out by the vile Musharraf regime. For this they will soon taste bitter waters.

This post seeks to rally the troops who are the foot soldiers of a new Pakistan. This is a defining moment for Pakistan and at times like this I seek inspiration from Pakistan’s greatest sons in Faiz, Faraz and Jalib. Legends that live on. is this not Ahmed Faraz’s long march too, can you not feel his presence today in Lahore standing tall for justice once again, resisting as ever.

Faraz saab’s ‘mohasra’ is on my lips today with its words still new and as relevant today as they were when originally written during Zia’s dark years. I share those words and dedicate them to the long marchers as this our  ‘mohasra’, its my ‘mohasra’ and above all it is Pakistan’s ‘mohasra’:

Hamid Mir’s tribute to Faraz saab in Capital Talk is also shown to further rally the troops:

- WRITTEN UNDER MARTIAL LAW (My thanks to cowards Tariq Pervez. Sabihuddin, Sardar Raza & Co for selling out)

Arise Pakistan and Long March

- WRITTEN UNDER MARTIAL LAW (My thanks to cowards Tariq Pervez. Sabihuddin, Sardar Raza & Co for selling out)

So I urge all my Pakistani brothers and sisters, young and old to stand tall today with these lawyers who have begun a journey to save the country. This is not a time for dithering and sitting on the fence, we must come out on the streets and stand tall in Islamabad in a peaceful protest.

March for the restoration of the real court and NOT the salvation of the Dog(gar) Court

March for the pursuit of principles and NOT the the pursuit of profit

March for the missing people of Pakistan and NOT the safe passage of their jailer

March for your future, for your own sons and daughters, for a better tomorrow

March and March, Long March to Islamabad

Hum Mulk Bachanay Nikay Hain

Aao Humaray Saath Chalo

- WRITTEN UNDER MARTIAL LAW

The black coats of Pakistan deserve a heartfelt tribute on the anniversary of their epoch-making movement that has been enigmatic and inspirational for lawyers and rule-of-law proponents across the globe. They catalyzed a momentous change in the country and rejuvenated the consciousness and conscience of this nation at a time when hope was fast becoming extinct. The resilience of this struggle and the perseverance of lawyers in the face of acute financial hardship and state oppression — all for the sake of a principle as opposed to partisan benefits or personal gain — is mind-boggling indeed for those have a Machiavellian world-view. For those who still believe in the goodness of human beings and their ability to stand up and fight for a worthy cause, the movement is not only understandable but the herald of a bright future for this vibrant nation.

Explaining the movement’s kick-off is simple: the legal fraternity (just like the rest of the nation) was filled to the brim with anguish and despair over the compromised and selective enforcement of law in the country. The causes for despair also included the conflicted constitutional jurisprudence produced by the courts over the years to justify military coups and preserve the status quo. Our legal fraternity as a whole has always been critical of gibberish produced by apologist judges (such as the doctrine of necessity) to save their jobs. Not only because of lack of legal merit of such doctrines, but also because they have a trickle-down effect on the ordinary functioning of the courts.

Day in and day out lawyers are confronted with a brand of ‘justice’ in routine legal matters that is outcome oriented and informed by factors other than dictates of justice and foundational principles of the law. The redeeming factor for a practicing litigator is that half the time one appears before a fair and independent judge, who gives you a patient hearing and decides the matter on merit (even if the decision goes against you). It is the interaction with this breed of judges, capable of applying their minds to serve justice and taking brave and unpopular positions against the state for the sake of the citizen, that makes the practice of law worth anyone’s while.

Unfortunately the integrity and independence of the judicial system grows incrementally. And every time we are nearing a stage that can possibly mark a relative emancipation of the judicature from the crutches of the executive, along comes a dictator who drags us back all the way by flushing out proponents of judicial propriety and independence. So when General Musharraf attempted to sack and humiliate Chief Justice Iftikhar Chaudhry on March 9, 2007, it pushed the swarming rage of the legal fraternity over the edge and into the street.

Our sordid history teaches us that the corrupt and the compliant never get fired. Thus, notwithstanding CJ Chaudhry’s prior popularity ratings with lawyers, the general’s attempt to dismiss him and his defiance in the face of all the force and intimidation used by the state transformed him overnight from a pillar of status quo to an agent of institutional change. Likewise since November 3, the general’s propaganda campaign focused on painting the deposed judges black for being erstwhile beneficiaries of the PCO has failed miserably. Even if the judges erred in the past, on November 3 they bravely took on the decadent forces of status quo. In listening to the voice of their conscience and breaking from the past, they added to the conviction of the legal fraternity and this nation that change is possible and justice is worth fighting for.

Negative campaigning is all about drawing a contrast between yourself and your opponents in a manner that makes you look good. But the Musharraf regime’s argument that deposed judges shouldn’t be supported as some of them swore an oath under the previous PCO in 2000 actually accentuates the feeling that principled individuals reject PCOs and those who abide by them are largely compromised. If one goes along with the logic of the general’s argument, its conclusion is that while all judges are evil, the post-November 3 judges are lesser so for being consistent in continuing to make unscrupulous compromises! In pointing out similarities between the past of the deposed judges and the PCO-ed judges, the Musharraf campaign has actually ended up highlighting the stark difference in their present.

By putting at stake their liberty and means of subsistence for the sake of principles the deposed judges have redeemed their past. While bungled political and constitutional history of the country and a compromised system of justice provided timber for the lawyers’ movement and the judges’ defiance added fuel to the fire, it was a handful of individuals who deserve major credit for harnessing the discontent and transforming it into a constructive movement for change. Just imagine the fate of this struggle had we been jinxed enough to have pygmies committed solely to maximizing personal gains giving direction to the lawyers’ movement — the likes of Sharifuddin Pirzada, Attorney General Malik Mohammed Qayyum (and other recent additions to the infamous list including Ahsan Bhoon for example).

This movement would not have become a watershed episode had it not been for Aitzaz Ahsan, Munir Malik, Tariq Mehmood and Ali Ahmed Kurd. These individuals had faith in change, the conviction to pursue ideals realistically, and the courage to lead from the front and rubbish all attempts of the rulers to put a price tag on their integrity. The leadership of the lawyers’ movement has had the right mix of idealism and real-politik, legal acumen and oration, together with personal maturity and scandal-free past. How do you stigmatize Tariq Mehmood who resigned high judicial office when it threatened to compromise his integrity and independence? How do you tempt Aitzaz Ahsan to the dark side when he is someone who has grown in stature and respect beyond the point where political office can add to his size?

If this movement has had its miracles, the foremost is that it found men of honour in the right place at the right time. But the lawyers’ movement could not have evolved into a citizen movement with broad appeal without the media endorsing, elucidating and romanticizing its founding principles: respect for rule of law, constitutionalism and institutional independence. While the state endeavoured to vitiate an independent judiciary and justify its abuse of authority, the media broke down for people the scheme of the constitution and how sophisticated legal concepts and ideals impact the everyday lives of citizens. When the lawyers went hungry in pursuit of hallowed principles, the media shared their sacrifices with the nation.

This movement wants our rulers to stick to the rules of the game as defined by the law and the constitution. And the idea resonates with the public. But who would have known had the media not communicated it to the masses in a form that is comprehensible? Also, along with the media, special credit is due to Nawaz Sharif and the PML-N for making restoration of judges the foremost electoral issue in the 2008 polls (which was not only the right position to take but also a prudent political strategy that has already paid its dividends).

The lawyers’ movement has made vital contributions to our society, ranging from shaking up and organizing ordinary citizens in the form of non-partisan pressure groups to educating people regarding their constitutional rights. The most worthy contribution of the lawyers’ movement is this: it has deconstructed the popular myth that as a people we have been rendered so soulless and hapless that we can never clutch the levers of change and make good things happen for ourselves. The unequivocal message of this movement is that not only are we a country that deserves supremacy of the law, but that we will have it no other way. The masses took their cue from the lawyers and shattered the other preposterous myth that with our levels of poverty, literacy and development we are neither ready for meaningful democracy nor capable of political accountability.

People have spoken and the ball now is in the court of politicians. They have been handed over an unmistakable mandate to restore judges, institute reform and affect change. And if they falter, they should bear in mind how unforgiving the masses can be to a ruling clique that ignores their will and attracts their ire.

Vukla Zindabad

- Originally posted on 13th March 2008, 03:23 PK Time, written under MARTIAL LAW

The chaos and division that ensued from the debate regarding to decision to boycott the elections or not has left a bad taste in the mouth and coupled with the continued arrests of our leaders our noble struggle has been hit for a big six in recent weeks.

With election fever finally taking root and the media treading carefully with a capital C so as to remain on our boxes. It is becoming difficult to keep the valiant struggle to restore the pre-Nov 3 judiciary in the news, in order to keep the issue alive. Even the recent attacks by the police on innocent women protestors in Islamabad were not deemed headline or front page news with media outlets choosing to look the other way except for token reporting and nil analysis.

The worst culprit is none other than Uncle Sam.and her media who like their governments have chosen to delight in hearing that the emergency has been lifted and that the khaki king has shed his second skin. The message coming from them through their inactions is ‘rejoice for its all hunky dory now’. The trouble with their approach is that they are ignoring the real issues vital to democracy and the rule of law and assume that ‘normalcy’ has returned to Pakistan.

The reality is that martial law has not been lifted it has only been concealed. Like the tip of a proverbial iceberg, the ugly realities of dictatorship continue hidden below the surface.

I have numerous questions to ask Uncle Sam ( I mean President Bush and his fan club really!) in this regard and also of those other forces who support the conventional wisdom of the Western media and governments.

However I cannot better the questions put forward recently by our very own Aitzaz Ahsan and Congressman John F.Tierney in an article in the Washington Post that brilliantly exposes the fantastic flaws of the US position. The article and questions are as below:.

Questions for the Two Rulers of Pakistan and America By John F. Tierney and Aitzaz Ahsan

One of us chairs a House of Representatives subcommittee tasked with oversight of U.S. foreign policy and one of us languishes under illegal house arrest after transfer from a Pakistani jail for the “heinous” and “seditious” crime of representing, in legal proceedings, the illegally sacked Chief Justice of Pakistan’s Supreme Court, Mr. Iftikhar Muhammad Chaudhry.

As members of the political opposition in our respective countries and as lawyers firmly committed to the rule of law, we have a few questions for our [tyrannical] heads of state:

1. How will you address the increasing anti-Americanism in Pakistan in light of the growing, and not unjustified, perception among Pakistan’s democratic moderates that the United States is not willing to stand with the people of Pakistan against an increasingly authoritarian and anti-democratic government in Islamabad?
2. How will you respond to the inevitable international condemnation of a parliamentary “election” in which journalists are muzzled; political parties are prohibited from campaigning; Pakistani military and intelligence services visibly enforce an atmosphere of intimidation; and opposition leaders are unlawfully exiled, illegally jailed or placed under unlawful house arrest?
3. How do you expect to effectively compete against PMLQ-MQM ideology when U.S. education funding to Pakistan is one-fifteenth its military support and Pakistani funding for public education remains woefully inadequate? Thirteen million Pakistani children ages 5 to 9 — out of 27 million total — are not enrolled in school at all, leaving them exposed to extremist PMLQ-MQM mentors.
4. How do you expect to combat the PML-Q and MQM cancer spreading from Pakistan’s Federally Administered Tribal Areas (FATA) into the Northwest Frontier and Balochistan provinces of Pakistan when the Pakistani military is busy pointing its guns at judges, lawyers, journalists, political opponents and human rights advocates?
5. How do you expect to muster the political fortitude and legitimacy to fight extremist MQM and PML-Q forces when you have alienated the center-left and center-right — the more progressive components of Pakistani society?
6. The people of Pakistan and the people of the United States deserve honest answers to these vexing questions. They are long overdue.

John F. Tierney (D-MA) is a Member of the U.S. Congress. Barrister-at- Law Aitzaz Ahsan, Pakistan Supreme Court Bar Association (SCBA) President and an eminent human rights Advocate, has represented Chief Justice of Pakistan Iftikhar Muhammad Chaudhry as well as two former prime ministers of Pakistan, Benazir Bhutto and Muhammad Nawaz Sharif.

The questions say it all and I am all ears Uncle Sam as I await your rejoinder with bated breath.

 - Originally written on 24th December 2007, 02:45 PK Time, written under MARTIAL LAW