Pakistan Politics: Pakistan Political Blog

These are the original contents of Chief Justice Letter to the World leaders, in reaction of Musharraf Propaganda.

AN OPEN LETTER TO:

His Excellency The President of the European Parliament, Brussels.

His Excellency The President of France, Paris.

His Excellency The Prime Minister of the United Kingdom, London.

Her Excellency Ms. Condaleeza Rice, Secretary of State, United States of America, Washington D.C.

Professor Klaus Schwab, World Economic Forum, Geneva.

All through their respective Ambassodors, High Commissioners and representatives.

Excellency,

I am the Chief Justice of Pakistan presently detained in my residence since November 3, 2007 pursuant to some verbal, and unspecified, order passed by General Musharraf.

I have found it necessary to write to you, and others, because during his recent visits to Brussels, Paris, Davos and London General Musharraf has slandered me, and my colleagues, with impunity in press conferences and other addresses and meetings. In addition he has widely distributed, among those whom he has met, a slanderous document (hereinafter the Document) entitled: “PROFILE OF THE FORMER CHIEF JUSTICE OF PAKISTAN”. I might have let this go unresponded but the Document, unfortunately, is such an outrage that, with respect, it is surprising that a person claiming to be head of state should fall to such depths as to circulate such calumny against the Chief Justice of his own country.

In view of these circumstances I have no option but to join issue with General Musharraf and to put the record straight. Since he has voiced his views on several public occasions so as to reach out to the public at large, I also am constrained to address your excellencies in an Open Letter to rebut the allegations against me.

At the outset you may be wondering why I have used the words “claiming to be the head of state”. That is quite deliberate. General Musharraf’s constitutional term ended on November 15, 2007. His claim to a further term thereafter is the subject of active controversy before the Supreme Court of Pakistan. It was while this claim was under adjudication before a Bench of eleven learned judges of the Supreme Court that the General arrested a majority of those judges in addition to me on November 3, 2007. He thus himself subverted the judicial process which remains frozen at that point. Besides arresting the Chief Justice and judges (can there have been a greater outrage?) he also purported to suspend the Constitution and to purge the entire judiciary (even the High Courts) of all independent judges. Now only his hand-picked and compliant judges remain willing to “validate” whatever he demands. And all this is also contrary to an express and earlier order passed by the Supreme Court on November 3, 2007.

Meantime I and my colleagues remain in illegal detention. With me are also detained my wife and three of my young children, all school-going and one a special child. Such are the conditions of our detention that we cannot even step out on to the lawn for the winter sun because that space is occupied by police pickets. Barbed wire barricades surround the residence and all phone lines are cut. Even the water connection to my residence has been periodically turned off. I am being persuaded to resign and to forego my office, which is what I am not prepared to do.

I request you to seek first hand information of the barricades and of my detention, as that of my children, from your Ambassador/High Commissioner/representative in Pakistan. You will get a report of such circumstances as have never prevailed even in medieval times. And these are conditions put in place, in the twenty-first century, by a Government that you support.

Needless to say that the Constitution of Pakistan contains no provision for its suspension, and certainly not by the Chief of Army Staff. Nor can it be amended except in accordance with Articles 238 and 239 which is by Parliament and not an executive or military order. As such all actions taken by General Musharraf on and after November 3 are illegal and ultra vires the Constitution. That is why it is no illusion when I describe myself as the Chief Justice even though I am physically and forcibly incapacitated by the state apparatus under the command of the General. I am confident that as a consequence of the brave and unrelenting struggle continued by the lawyers and the civil society, the Constitution will prevail.

Long live CJP.

CJP Zinda Bad

This entry was posted on Thursday, January 31st, 2008 at 5:38 am and is filed under Chief Justice, Pakistan Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.