Chief Justice of Pakistan visits Drexel

By: Naomi Parikh

Posted: 11/21/08

Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan, visited Drexel University and the University of Pennsylvania Nov. 20, to speak on his experience as Chief Justice both under and after the rule of President Pervez Musharraf.

In March 2007, President Musharraf suspended Chaudhry and later in November, declared a state of emergency in Pakistan and placed Chaudhry under house arrest for several months before his release in May 2008.

Chaudhry first appeared at a reception at the Earle Mack School of Law with a delegation, where Dean Roger Dennis spoke and said Drexel was "honored" to have him.

"It is an inspiring and amazing thing for all the lawyers of the world that Pakistan has a Chief Justice so committed to the rule of law and to fighting corruption in government," Dennis said.

Talia Offord, a second year law student, attended the reception to see Chaudhry and hear his story.

"I think civil rights anywhere is important, and to meet someone who has been through it all is really great," Offord said.

Anil Kalhan, an associate professor at the School of Law, has covered the crisis in Pakistan for AsiaMedia News Daily as well as on the legal blog Dorf on Law. He also serves on the Board of Directors for the South Asian Bar Association of New York.

Kalhan introduced Chaudhry at the forum at the University of Pennsylvania.

"The Chief Justice is a genuine hero who has inspired lawyers all over the world," Kalhan said. "His suspension triggered an unprecedented movement of lawyers in Pakistan, who were inspired by the Chief Justice's example to stand up for the rule of law in Pakistan and protest against Musharraf's regime."

Kalhan said that the New York City Bar Association wanted to honor the Chief Justice with an Honorary Membership. However, Chaudhry was put under house arrest before any plans for a trip to the United States could be made.

"For over a year, we've been talking about bringing the Chief Justice to the United States, and I'm glad to say that he's finally here," Kalhan said. "As lawyers, we don't often get to recognize, honor, and hear from genuine heroes within our profession, but Chief Justice Chaudhry is a true hero who has stood up for the independence of the judiciary in Pakistan."

Chaudhry spoke of his visit to the United States as well as his experience in Pakistan. He said the Harvard Medal of Freedom awarded to him was for all the people in Pakistan "who are fighting for freedom," and that he was "touched" by the welcome he received from the American people.

"I represent the countless Pakistanis who stood beside the lawyers and fought for democracy," Chaudhry said. "I represent the brave media and lawyers who risked and sacrificed their lives for what they stood for."

Chaudhry said he did "what any independent judge would do." He also said the courts were made up of honest judges who practiced objectively and fairly. The Supreme Court, he said, resolves conflicts within the government as well as the people and serves as a "guardian" of the Constitution.

He then spoke about his suspension and house arrest.

"In March, without a legal constitution, I was suspended and accused of many things," Chaudhry said. "In July, I was restored by a full bench of the Supreme Court. The court also accused the government of false charges."

According to Chaudhry, President Musharraf suspended the Constitution in November by declaring a state of emergency. A bench, lead by Chaudhry, found the declaration invalid and tried to investigate it further. At this point, however, Chaudhry and several other judges were put under house arrest.

"For five months, my family and I were detained in our house," Chaudhry said.
Chaudhry also spoke about the march to Islamabad that took place soon after his suspension from the Supreme Court, calling it "an amazing show of solidarity."

"It was the first time in our history that all the people marched and peacefully gathered," Chaudhry said. "This will go down in history as the moment that ensured the support of the Constitution, the independence of the judiciary, and the rule of law."

Chaudhry said he hoped people understood the gravity and long-term effects of the situation in Pakistan.

"Our country is going through an evolution, as well as a silent revolution," Chaudhry said.

Ryan Hancock, a lawyer from the National Lawyers Guild, went to Pakistan during the state of emergency and got a first-hand perspective of the impact of U.S. foreign policy.

"Many times, people are critical of our country's foreign policy, but this was the first time I got to see what influence it had," Hancock said. "Specifically, I saw how the non-support was having an effect."

Hancock said he feels that lawyers have an obligation to support the rule of law both at home and around the world. He will return to Pakistan in early 2009.

According to Kalhan, the support of the lawyers in the United States will continue to have an impact on events in Pakistan.
"The support of the keeps up the morale of the lawyers Pakistan," Kalhan said. "It gives them hope."

Chaudhry, who was appointed Chief Justice of Pakistan in 2005, served for two years on some controversial cases. In 2007, for instance, the Supreme Court ruled that former Prime Minister Nawaz Sharif could be allowed back into the country. In the same year, the court overruled government privatization of the Pakistan Steel Mills, effectively ruling against President Musharraf.