by Dr. Khalil Ahmad
On September 10, 2007, two events of immense significance took place in Pakistan. In the same Islamabad, at about the same time when Nawaz Sharif was being detained at the Islamabad airport and deported to Saudi Arabia despite the Supreme Court’s unanimous judgment affirming his constitutional right to come and remain in Pakistan, Chief Justice Iftikhar Muhammad Chaudhry was making a statement that spoke of the birth of a new type of man in Pakistan. While addressing the opening ceremony of the new judicial year, he said: “The Supreme Court will do justice even if the heavens fall.”
That is the truth that seldom impressed any judge of a higher court in Pakistan. Usually, they got influenced by the powerful elites, civilian or military. But fortunately those 134 memorable days (March 9 to July 20) did give birth to a new man in Pakistan. He was born in the body of the Chief Justice Iftikhar Muhammad Chaudhry. This new man is a custodian of the Constitution not because of his oath to protect the Constitution, but because it is this very Constitution that gave him a new life, a new liberty with a lot of responsibilities. If there were no Constitution, there would be no Chief Justice among us now. Who knows this better than the Chief Justice himself? Also, who other than himself has this in his blood that it is the Constitution that gives life and liberty to citizens of a country? So, what gives life to every citizen needs to be protected by citizens at the cost of their life. But of course it is the constitutional duty of judges of the higher courts only to protect the Constitution. Thus the Constitution is a living document, it is not a piece of paper for dictators to use and dispose of as they wish.
The statement of the Chief Justice that ‘the Supreme Court will do justice even if the heavens fall’ repudiates, rejects, negates, nullifies any understandings, giving-ins, compromises, expediencies, justifications, whatsoever, on the part of the Court. It affirms in unequivocal terms that the Constitution and its spirit will be followed regardless of the nature of the circumstances created to influence the Court and regardless of the consequences believed to be occurring as a result of its judgments. It forestalls fears of an emergency or a martial law being expressed by both sides, and makes it clear that such threats are not going to influence the Court’s judgments.
Also, that as the anti-democratic, anti-constitutional, anti-rule of law and anti-people forces are getting together and in their desperation are putting forward proposals of a grand reconciliation, it is only a trap for the pro-democratic, pro-constitutional, pro-rule of law and pro-people forces to delay their own imminent defeat. It is only a ploy of theirs to come out of their life-and-death crisis. Why national consensus, moderation, or any such thing at this time? And that too on the part of pro-people forces only!
In fact, all that blubber is a deception like the eternal deception of ‘national interest.’ Not only the pro-people forces are being hoodwinked in this way, it is a targeting of the apex court also to frighten it to compromise its judgments in the constitutional cases sub judice in the court.
But is this so? Should the court keep in mind that as the circumstances do not bode well for the nation, so the provisions and the spirit of the Constitution be ignored? Also, should the political parties that incidentally find themselves on the side of a pro-people agenda at this time, strengthen the anti-people forces in the name of national reconciliation? One can argue: it will be always so that this or that type of circumstances will not bode well for this or that section of society. Then, is it advisable that the Constitution be left at the mercy of weather-like changing circumstances? Never! The Constitution can never be sacrificed at the altar of any such thing. It is the Constitution that brings out a nation safe and sound through the thick and thin of circumstances. As norms, values and principles make man a man of worth, likewise, the law and Constitution make a nation a nation of worth!
Another scenario that is most destructive to the solidarity of this country is being put forward by many from both sides: that the judges of the higher courts will be asked to take a new oath that will turn them into loyal custodians of the whims of the ruling elite. Not only will this be a deadly blow to the Constitution, it will virtually mean the abrogation of the Constitution, the threat of which is already looming. No doubt, all this fuss is being cooked up to ward off any judgments that will dismantle the plans of the ruling elite. The new man of Pakistan is well aware of it. It seems he is all set to do justice even if the heavens fall. His brother judges ought to follow suit and let the heavens fall.
--------
Dr. Khalil Ahmad is the founder and Executive Director of the Alternate Solutions Institute, Pakistan's first free market think-tank
This article appeared in The Post on September 22, 2007.
