Pakistani dictator's remnants dictating enough

Almost one year has passed since the ouster of military dictator Pervez MusharrafPervez Musharraf from the President House, but his remnants are still ‘in action’ in different fields. Musharraf and his cronies not only destroyed the institution of judiciary in Pakistan, but also in Azad Jammu and Kashmir (AJK) where they appointed Justice Riaz Akhtar Chaudhry as the Chief justice of the AJK Supreme Court.

Taking his cue from his masters, Justice Chaudhry has gone a step ahead in insulting the media though no such bar or restriction had been placed on them [the media] during the eight-year autocratic and totalitarian rule of Gen Pervez Musharraf. The attitude of the AJK chief justice reminds us of the Mughal era when men in power would not listen to anything against their grain. The court looked like a Mughal castle on July 27 and August 3 when the police surrounded its building and closed the main entrance during the proceedings.

Security guards informed the print and electronic media journalists that Justice Chaudhry had ‘decreed’ that barring the lawyers, all others, especially the media persons, were not allowed into the court, as an in-camera session was in progress. Dozens of journalists from Islamabad and Muzaffarabad, who had come to the AJK capital to cover the hearing, had to stay out.

It’s a mockery of justice that the chief justice decided to sit on the bench to hear a case in which charges had been leveled against him. The bench issued another contempt of court for a clarification issued by the AJK Board of Intermediate and Secondary Education (AJKBISE) of a ‘baseless’ news item. The contempt was clubbed with the main application on August 3 by the chief justice himself.

Everyone was anxious to know as to what was going on inside the court. The ‘high level’ security was arranged to hear an application in which some lawyers had accused three journalists of ‘defaming’ the AJK chief justice Chaudhry by publishing a story that he had misused his office by getting extra marks for his daughter, Nawal Riaz, in the matriculation examination held by the AJK Board of Intermediate and Secondary Education (AJKBISE).

The three ‘guilty’ journalists, Shakil Turabi, Sardar Ashiq and Muhammad Amin Butt, are from the Islamabad-based South Asian News Agency (SANA). After publication of the news story, the print and electronic media questioned that which law allowed the chief justice to use his official position to favour his daughter.

A group of six lawyers sought contempt of court proceedings against the three journalists for running ‘scandalous’ news with the malafide intent to bring a bad name to the chief justice. All the three journalists are, however, committed to defending their case.

“We released this report after a thorough probe, spanning five weeks. It has never been our intention to malign any person, but at the same time we cannot disown the news just because a person holding the office of chief justice was involved in it,” said Shakeel Turabi, the Chief Editor of SANA.

“SANA released the news item on July 5 after asking the AJK BISE for attested copies of relevant documents and seeking the versions of board officials and the chief justice,” Turabi added.

According to the documents available with this correspondent, Nawal Riaz appeared in part one (9th class) of the Secondary School Certificate examinations in 2008, the results of which were declared on August 25. According to the AJK BISE rules, reevaluation of answer books could not be done as per decision of the AJK High Court and the Supreme Court of Pakistan, but rules allow the candidates to check their answer books within 15 days of the declaration of results. The answer books may be shown to the candidates by the chief secrecy to recognize them.

Documents prove that rules were not followed in the case of Nawal Riaz. Last year on Sept 9, Raja Abdur Rehman, Controller Examinations for Schools, sent a hand-written note to Mumtaz Ahmed, Secrecy Department Superintendent. The note said: “As per orders of the chairman, all answer sheets of roll number 901636 [Nawal Riaz’ roll number] be made ready for checking/examination.”

After the expiry of the 15-day deadline, another letter came from the chairman addressed to Mumtaz, Mohammad Younas Kamil, assistant controller of secrecy branch; and Abdul Hussain, an assistant in the same branch.

The letter read: “You were verbally directed four days ago to provide answer sheets of roll number 901636. Later on, you refused to comply with the written orders of the controller examinations. Yesterday, I also gave you written orders to immediately hand over the copies... Today, you were summoned by the undersigned and ordered to immediately hand over the answer sheets, but you [again] refused to comply. You are once again directed in your own interest that you immediately hand over the copies of roll number 901636 for perusal of chief justice or else a contempt of court case would be instituted against you. Furthermore, action under Efficiency and Discipline (E&D) Rules will also be initiated against you.”

The same day, Sept 13, Nawal submitted an application for rechecking of five papers. On Sept 17, 2008 her marks in Urdu were increased from 53 to 54 and in mathematics from 58 to 63 ‘on account of error in totaling’. The story didn’t stop here, as again on Oct 21, 2008 her mathematics marks were increased from 63 to 67 without mentioning any legitimate reason.

After the publication of news, AJK BISE officials and the Supreme Court registrar tried to clarify that the four marks were added to the total marks because the examiner had not marked two sections of a question.

The board officials, who did their best to follow the rules, had to face the music, as the chairman served a notice on Mumtaz on Sept 15. The letter said: “You should have understood that obeying the ‘court orders’ is mandatory for the board and that disregarding them amounts to contempt of court. Furthermore, you have also violated the E&D Rules.”

On Sept 16, Mumtaz justified his action in his rejoinder, but the chairman declared his explanation unsatisfactory and appointed a staff member for an inquiry. The inquiry officer not only removed Mumtaz as superintendent Secrecy Department on Oct 11 and posted him as in charge of the board’s store, but also withheld his two annual increments as punishment.

Turabi says, “All journalistic norms and technical aspects were taken into account before releasing the story and the process took place over a month, as they had to meet the Mirpur Education Board chairman, make phone calls and submit three applications for verification of the story.”

“The chairman indicated in the meeting that he would send formal copies to the news agency concerned; however, he did not do so and delayed it through different tactics. Moreover, he used every possible means to halt the release of the story,” says Turabi.

“On 13 June this year, an application was submitted to the chairman board in which 10 letters and verified copies of the notifications were requested to be provided, but the board administration told SANA that it had no concern with receiving the aforementioned copies,” Turabi added.

“Twice we tried to contact the AJK chief justice and even SMSed him on his cellphone to get his views before releasing the story to the media, but he paid no attention and said a lobby was involved in propaganda against him,” Turabi says.

AJK Supreme Court’s senior lawyers Chaudhry Abraham Zia, Abdul Hamid, Idrees Mughal, Ikram Dad, Nishat Kazmi, Mushtaq Gilani and Tabassum Sadiq Advocate said, “Nobody could be stopped from witnessing the court proceedings unless the trial was declared in-camera and the media were prevented from reporting the trial.”

This is not the first time when someone has been stopped from covering the apex court’s proceedings, as earlier AJK Supreme Court’s senior most judge Justice Manzoor Hussain Gilani was not allowed to enter the court premises. Interestingly, the locks of Gillani’s chamber were also changed and the superintendent kept the keys in his custody.

Justice Gillani addressed a letter to CJ which said: “This is the height of disgrace by bringing me into hatred and ridicule. It is particularly done by the superintendent and the registrar of this court. Both of them have been given undue extension after their retirement and they have been arbitrarily dealing me for the last three years in relation to my office duties, perks and privileges and have made the institution hostage. The matter was time and again brought to your notice, but no action was taken against them. This is a disgrace to the institution as a whole.”

It is relevant to mention that Justice Gillani had filed a petition with the Supreme Court of Pakistan challenging the appointment of Justice Chaudhry as the chief justice of the AJK SC.

Turabi’s counsel Zia has challenged the composition of the bench, comprising Justice Chaudhry, Justice Khawaja Shahad Ahmed and ad-hoc judge Chaudhry Mohammad Azam KhanAzam Khan, stating that the Contempt of Court Act 1993 barred an accused judge from sitting on the bench. He also demanded that Justice Khan should also be removed from the bench, arguing that the independence of his judgment might be compromised because his appointment order of April 2008 says he will remain ad-hoc (temporary) judge “for such period till his services are required by the [sweet will of ] chief justice”. However, the court rejected the petition.

If go back in 2006, we see that Justice Gillani was the senior most judge to fill the vacant seat of the Chief Justice of AJK Supreme Court. His appointment request was moved to the then Prime Minister of Pakistan Shaukat AzizShaukat Aziz, but no action came from his side despite passage of many months. During this period Justice Chaudhry, then chief justice of AJK High Court, was appointed as the acting election commissioner for the July 2006 election, which was widely regarded as the most rigged election in the AJK history.

Sardar Atiq, the ally of the then ruling party, PML-Q, became the prime minister and in reward Chaudhry was elevated to the Supreme Court in September 2006 and made chief justice within 24 days of his elevation, superseding his six-year senior Justice Gillani.

Justice Gillani has filed a writ petition with the Supreme Court of Pakistan challenging Chaudhry’s appointment. A three-member SC bench, comprising Chief Justice Iftikhar Muhammad ChaudhryIftikhar Muhammad Chaudhry, Justice Ch Ijaz Ahmed and Justice Jawwad S Khawaja, is hearing the petition.

Muhammad Akram Sheikh, the counsel for the petitioner, argues that the Supreme Court of Pakistan can judge the measures taken by the prime minister as chairman AJK Council. But Attorney General for Pakistan Latif Khosa opposes his views saying that if the jurisdiction of the Supreme Court of Pakistan over the affairs of Azad Jammu and Kashmir is admitted, it will damage Pakistan’s long-standing principled stance on Kashmir.

Counsel for the AJK Council, Umar Mehmood Qasuri, says the Supreme Court has jurisdiction over the affairs of AJK because the United Nations Commission for India and Pakistan had handed the executive authority over AJK to Pakistan. The chief justice, however, observed that the Supreme Court was examining the status of the orders of the prime minister instead of the measures taken by the AJK government.

Going back to the main issue, the AJK Supreme court has issued a press release warning the owners, editors and correspondents of all newspapers against publishing any news concerning the judges or the judgments of the apex court without verification of the registrar or additional registrar.

In reaction, SANA journalists boycotted the National Assembly Senate sessions to record their protest. A protest rally by journalists, lawyers and members of civil society of Mirpur was also taken out in this regard.

Justice Riaz Akhtar Chaudhry has appeared on the TV channels three or four times and passed indecent remarks against journalists that is beneath his dignity. It has also been observed that Justice Chaudhry pays regular visits to Islamabad where he remains busy with some journalists at elite hotels to gain their favour.