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Top Pakistani judge insists judiciary must be free
(Reuters)

28 March 2007
RAWALPINDI - Pakistan’s suspended top judge made his first address on Wednesday since a government move to sack him, insisting on the independence of the judiciary but declining to comment on his case.

The suspension of Chief Justice Iftikhar Chaudhry on March 9 by President Pervez Musharraf’s government outraged the legal community and the opposition, who have mounted a protest campaign against the government in response.

The uproar has snowballed into a political crisis for Musharraf, the army chief who seized power in a 1999 coup and who is expected to attempt to seek another term late this year.

Chaudhry, addressing a gathering of about 2,000 lawyers in the city of Rawalpindi, said the judiciary had to stand out as a strong and independent entity if the people were to have confidence in it.

“It is the strength of the institution to resist any onslaught on its working and capacity to decide cases, freely, fairly, impartially and expeditiously,” he said.

As the head of the Supreme Court, Chaudhry earned a reputation as an independent-minded judge, not afraid to stand up to the powerful or take up sensitive human rights cases.

The move against Chaudhry led to suspicion that Musharraf feared the judge might rule against the president on issues such as whether he can remain army chief and the timing of the next presidential election.

While not commenting on his confrontation with the government, Chaudhry praised the reaction of his legal colleagues.

“I admire the unparalleled and unprecedented unity and solidarity expressed by you for the cause of judicial independence and its separation from the other organs, in particular, the executive,” he said.

He said an independent judiciary was mandated by the constitution, adding: “A civilised society is unthinkable in the absence of a free, fair and impartial system of administration of justice.”

 Petals and portraits

Chaudhry travelled to Rawalpindi from his home in Islamabad in a convoy of cars and was greeted at a court building where he gave his speech by cheering lawyers throwing rose petals.

He also got a standing ovation from the lawyers, some of whom carried black flags as a mark of protest. Others carried portraits of the revered founder of Pakistan, Mohammad Ali Jinnah, himself a lawyer.

The government has not published the accusations against Chaudhry but a newspaper did. The main accusation appeared to be that he had used his position to help his son get a public sector job.

Alluding to the accusations and his treatment since he was suspended, Chaudhry cited an Urdu saying: “Respect and humiliation are in the hands of God and should be left to Him”.

Musharraf has said he was bound to refer complaints against Chaudhry to the top judicial watchdog -- the Supreme Judicial Council -- and the action against the judge should not be politicised.

A panel of judges hearing the accusations against Chaudhry is due to hold its third closed session on April 3.  

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