UPP Survey: How Should the CJP Saga End?
Understanding Pakistan Project Team August 3rd, 2007
By: Athar Osama
In early June of 2007, with the Presidential Reference against the Chief Justice of Pakistan (CJP), Justice Iftikhar Mohammad Chaudhary, before the full-bench of the Supreme Court of Pakistan (SCP), we asked our visitors the following question:
How should the current constitutional crisis be resolved?
The visitors had five choices to pick from. These were:
- CJP reinstated by the Court
- Gen. Musharraf admits his mistake (and withdraws the reference)
- CJP resigns from office and enters politics
- Gen. Musharraf resigns as Chief of Army Staff
- Caretaker government is installed
Clearly, the choices provided for the survey went far beyond the the legal domain of the current case in the Court and encompassed the potential far reaching implications of the decision itself. In doing so, they attempted to incorporate the considerable damage that the reference had already done to General Musharraf’s credibility among Pakistani and international audiences as well as his the hold onto power. Many of us also noticed, and felt quite dismayed, by the use of public office in open political activities that were below the dignity of these offices. These excesses were committed by both sides.
General Musharraf and his advisors wore military uniforms and used the perks and privileges of their offices to openly engage in political lobbying for the rigtheousness of the Presidential reference as did Chief Justice of Pakistan, Justice Iftikhar Chaudhary, who used all the perks, privileges, and protocols–atleast the ones that he could still afford to use–as he openly lobbied the nation for his innocence and against the sitting government. It was high political drama of the highest calibre never before witnessed in the state of Pakistan. Partly to incorporate this element into the equation, but also somewhat selfishly too, a demand was made by Mr. Altaf Hussain of the Mohajir Qaumi Movement (MQM) that should the CJP resign and enter politics, his party would support his case against the presidential reference. Of course, a similar offer should have also been made to the sitting General as well for he too, in the past, has been guilty of holding onto one office while lobbying for another. Understanding Pakistan readers saw it all coming…
The heart-breaking events of Lal-Masjid this week–where Muslims were fighting Muslims, and Pakistanis killed Pakistanis–in the name of religion and national interest and in the heart of the Country’s capital, have the potential to MAKE or BREAK Pakistan.
When we started the Understanding Pakistan Project, we had hoped to make a contribution by helping generate a dialogue between Pakistanis about their country’s history. While the temptation to do something more current and real, has always been tremendous, we had purposefully avoided doing so just because we thought that by understanding the events that have shaped us, we would gain the perspective to analyze and negotiate our present and future. 
The ongoing constitutional saga between the President and the Judiciary is shaping up to be an important and defining one in the country’s constitutional history. This is now nearing its close and keeping everyone revitted to the media. Yet, while the verdict in the CJP Case is likely to bring the fight for the independence of Judiciary to a closure, it is only going to be the starting point of an even greater struggle for the right of Pakistani people to be governed, through their consent, by a constitutional government.
In the face of such momentuous and heart-wrenching events, Understanding Pakistan Team has found it difficult not to engage with these issues that are defining Pakistan as we speak. We have, therefore, decided to expand our focus a bit by incorporating occasional posts about substantive current events as well. We hope our readers will welcome this editorial decision and will continue to remain engaged in the historical discussion as well. 
at it is interpretting the constitution (or interpretting the original intent of the framers) and accuses the other of legislating from the bench.
dominion. With the constituent assembly now gone, the question arose as to who was to carry forward the task of constitution-making in Pakistan? Could a new constituent assembly be legitimately elected to replace the older one? What would be the “ground-rules” for electing such an assembly? Who would set those rules and whether they would be acceptable to all parties?
n long years of important legislation was eliminated by a stroke of a pen. Forty-six Acts on the statute books became invalid thus putting the country in a legal vacuum making it almost impossible to govern. Days after the judgment, the Governor-General promulgated Emergency Powers Ordinance IX of 1955 that give him the power to:
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