The suspension of Chief Justice of Pakistan Iftikhar Chaudhry, by the executive, and his subsequent treatment have been strongly criticised by the Commonwealth Human Rights Initiative (CHRI).
In a press release, CHRI said it considers this to be an unacceptable breach of judicial independence. “Justice Chaudhry is well known for his strong stance on human rights and for delivering a number of decisions that have been in conflict with government interests. Lawyers throughout the country have boycotted the courts in response to the suspension,” the release said.
The CHRI said that the suspension order is contrary to the Commonwealth’s Lattimer House Principles of separation of powers and represents an attack on the independence of the judiciary. “As a member of the Commonwealth, Pakistan has committed itself to these principles.
The order violates Pakistan’s own Constitution, laws and procedures. It demonstrates disrespect for the judiciary and is contrary to the expectations of the people of Pakistan who have a right to expect that due process will be followed by all.”
CHRI urged the Government of Pakistan to withdraw all actions taken in contravention of the Constitution, law and procedural mandates of the country and ensure that all actions are transparent and in strict accordance with the law.
To remove any doubt about the legality and fairness of the procedure created by its actions, CHRI urged that the Supreme Judicial Council hold all proceedings in an open court and not in camera. “The Government of Pakistan must ensure that the Chief Justice is provided with all facilities and freedoms and afforded every respect due to the high constitutional office he represents. CHRI deplores the disproportionate use of force against the peaceful protest of lawyers and the violence meted out to the media.
It urges the Pakistan Government to be tolerant of dissenting voices, such as those of lawyers and the media. CHRI hopes that the current judicial crisis in Pakistan will be resolved in accordance with the international principles of independence of the judiciary and Pakistan’s own Constitution.”
