The Public Toilet

Every brick of President General Pervez Musharraf?s palatial Pindi office vividly reminisces about what the chief justice of Pakistan had been confronted with on March 9, adding a new chapter to our chequered history.The pleasant outside environment did not match the tense moments behind the closed doors of Musharraf?s camp office. What had transpired within the thick walls has now started unraveling.

Even a passer-by or a motorist driving through the Park Road, which graces the camp office, could now hear the reverberations of the dialogue between the two giants in their own spheres. One may give a fictional account of the dialogue between the two. While the prime minister sat through the session with muted silence but always nodding when Musharraf was speaking, the president was reading out a charge sheet while the chief justice was just scoffing at every charge.

Though the reference filed against Justice Chaudhry is still not public, the camp office reverberations are too clear about the charges framed. One can clearly hear the president saying to the chief justice: You have used your influence to pressurize the concerned authorities to win undue favours for your son ? Dr Arsalan Iftikhar.

The CJ says: Be specific Mr. President. President says: Dr Arsalan sought admission in Bolan Medical College despite securing marks far below the merit. The Balochistan chief minister was approached following which your son got into the medical college.

The CJ says: Sir who is the violator ? me, Dr Arsalan or the chief minister? President says: Dr Arsalan was initially posted as section officer in the Health Department, Balochistan against a vacancy meant for initial recruitment through the Provincial Public Service Commission. On August 6, 2005 the Interior Ministry approached the Balochistan Government seeking the services of Dr Arsalan for his posting in the FIA in public interest. On August 13, 2005, the Balochistan Government conveyed its no-objection to the Interior Ministry following which the Ministry on August 15th and again on September 5, 2005 issued the posting order of Dr Arsalan in the FIA on deputation. On 30th September Dr Arsalan joined the FIA.

The CJ says: What is the point you want to make Mr. President?

The president says: Without completing the mandatory period of his probation as medical officer in the Institute of Public Health, Quetta, Arsalan was transferred and posted first as section officer in the Balochistan Secretariat against a non-existing post and then sent on deputation in the FIA.

The CJ says: Who violated the law and where do I figure Sir?

The president says: In November 2005, the Balochistan Government relaxed the rules to confirm the appointment of your son as medical officer in the Provincial Health Department. Barely within 5 months of having assumed the charge of assistant director FIA in BS-17, the Balochistan Government issued an order on March 22, 2006 saying that Arsalan?s services are placed in the FIA as deputy director (BS-18) on deputation for a period of three years. On April 7, it was notified that he had assumed the charge of the office of DD FIA.

The CJ says: Who violated the law and where do I figure Sir?

The president says: Later you launched an offensive to get your son inducted into the Police Service of Pakistan, which under the law was only possible through the CSS. As first step, he was sent to the Police Academy for training with probationer ASPs as notified by the Interior Ministry on May 19, 2006. On 24th May the Interior Ministry issued another order directing the commandant National Policy Academy that Dr Arsalan should be attached with the Punjab Police after the completion of specialized police training in the academy. On May 24 2006, the Academy relieved Arsalan and directed him to report to the Elite Police Training School, Lahore. After the completion of the course, he was to report to Lahore police for six months field attachment.

The CJ says: Mr. President who is the violator?

The president says: Meanwhile the Prime Minister?s Secretariat was approached for regular induction of Dr Arsalan in the Police Service of Pakistan in BS-18. The PM sought the Establishment Division (ED)?s view, which said it is not possible under the law. Later you pressurized the secretary Establishment to get Dr Arsalan inducted into the PSP no matter what the rules say.

The CJ says: Sir, who told you this?

The president says: The secretary Establishment told all this to the principal secretary of the prime minister. It was not possible but still you kept on pressing for the impossible task. Ultimately the Establishment Division had to propose an amendment in the rules to make this impossible a possible. During these days you have been regularly exerting pressure on the Prime Minister?s Secretariat.

The CJ says: Sir do you have any concrete evidence? Secondly, if my son was inducted into the Police Service of Pakistan?

The president says: You also exerted pressure on the Interior Ministry to ensure that your son is nominated for a foreign course on combating international terrorism. This was done despite the fact that your son was not a police officer.

The CJ says: Sir who was the nominating authority?

The president says: Being the CJ, you are entitled to one 1600cc car but you have seven including a Mercedes Benz 3000cc in Islamabad. You also have several cars at Lahore and Quetta. Additionally you have also, more than once, asked the provincial chief minister or governor to provide you the cars during your stay in the province.

The CJ says: Sir if I am an exception?

The president says: You have also been insisting and getting protocol that is not allowed to the CJ.

The CJ says: Hummmm…

The president says: You have been repeatedly demanding for official plane/helicopter of the provincial governments for your travelling from one place to the other and even to offer condolences whereas you are not allowed to use these luxuries.

The CJ says: At times one requires faster transport means to save time.

The president says: For sometime you and your family has been using a BMW car registration No ?Razia-1?.

The CJ says: If so, is it a crime Sir?

The president says: You are also accused of passing orders but subsequently changing them when giving the same in writing.

The CJ says: Who says so Sir? I hope it is Naeem Bukhari.

The president says: You also used you influence to enhance the entitlements of your office.

The CJ says: Where was I wrong?

The president says: Face the above charges or?

The CJ says: I will.

Source: The News. (By Ansar AbbasI)

Below is the entire reproduction of Naeem Bokhari’s Open Letter to the Chief Justice of Pakistan Iftikhar Muhammad Chaudry (currently the ex-Chief Justice).

Naeem Bokhari is a lawyer by profession, an advocate in the Supreme Court of Pakistan. He is also a prominent TV presenter, currently appearing as the anchor of the interview show ‘Apney Andaz Say’ on a Pakistani TV Channel ‘HumTV’.

Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan

My Lord,

(On your appointment) I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex court, particularly considering the long tenure before you. Alas this has not come about.

I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the court and hooters, police escort, flags is just fluff not the substance of an office). I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of Mercedes-Benz car or is it cars, the use of the Punjab Government’s plane to offer Fateha in Multan, to Sheikhupura for Fateha on a Punjab Government helicopter, to Hyderabad on a Sindh Government’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sindh, who per force lives in the basement of his father’s house.

I am not perturbed that Dr Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is some case against him in some court in Balochistan, that from the Health Department in Balochistan he has shifted to FIA, that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau.

My grievances and protests are different. I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf.

I am perturbed that Justice (retd) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others�.
I am appalled that you announce decisions in court, while in the written judgment an opposite conclusion is recorded.

My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership. My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house�.

We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing ‘This is dismissed’.

Yet this aggression is not for everyone. When Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness.

So apart from violating our dignity, which the constitution commands to be inviolable, we suffer discrimination in your court. I am not raising the issue of verbal onslaughts and threats to police officers and other civil servants, who have the misfortune to be summoned, degraded and reminded that ‘This is the Supreme Court’.

The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.
My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.

My Lord, before a rebellion arises among your brother judges (as in the case of Mr Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.

I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.

Yours faithfully,

NAEEM BOKHARI
Advocate
Supreme Court of
Pakistan
Islamabad, Pakistan