PAKISTAN: Chief Justice and his family have now spent 100 days in detention

The detention of Mr. Iftekhar Choudhry, the deposed Chief Justice of Pakistan, has now run into its 100th day and during his detention all the members of his family, including his school-going children have not been allowed to go outside, even to the lawn of the house. There are 15 policemen stationed inside the property line of his house while a further 70 officers supported by three trucks loaded with fire arms are guarding the surrounding area. Perversely, the government of President Musharraf has served several notices demanding that he vacates the house which is the official residence of the Chief Justice and have cut off his water supply on three occasions.

Mr. Choudhry was arrested and detained at his house on November 3, 2007 following the imposition of the state of emergency by then general Musharraf in his capacity as the Chief of Army Staff. Musharraf then initially arrested 60 judges of the Supreme Court and terminated their jobs by arbitrary action in an attempt to take over control of Supreme Court and provincial high courts. Still most of the judges are under house arrests and three prominent lawyers, Mr. Aitzaz Ahsan, president of Supreme Court Bar Association, Mr. Ali Ahmed Kurd, former vice president of Pakistan Bar Council and Justice (retired) Tariq Mamood, former president Supreme Court Bar Association, have again been detained after their three months of detention.

All the bar associations of the country have decided to boycott all the courts, including the lower courts, from February 11 to 18 in protest against the continuous arrests of judges of superior courts and lawyers and the attack by the police on the lawyer’s procession on February 9, before the house of the chief justice. The lawyers and civil society activists including women activists were beaten and baton charged. The police used water cannons and tear gas against the participants to disperse them and prevent them from entering the area where the Chief Justice is residing. The tear gas used was a particularly strong one and caused burns to the faces and hands of the victims.

Mr. Justice (retired) Tariq Mahmood, who was released after 90 days was allowed to remain free for only two days before he was re-arrested. Even during those two days he was kept under house arrest and was prevented from seeing his doctor.

The actions of the Musharraf government by keeping the judges and lawyers in continuous detention and by using strong arm methods against protesting lawyers and human rights activists reveals that the government has lost all sense of reality in dealing with the judicial crisis. In the meantime the cost of essential items such as flour, rice, edible oils, sugar and milk has risen dramatically and the government is paying no attention to this problem.

The judicial crisis has caused a paralysis of governance. It affects all areas of life including the holding of free and fair elections. Meanwhile none of the pressing problems of the people will be addressed.

Document Type : Statement
Document ID : AHRC-STM-036-2008
Countries : Pakistan,