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This is an archive article published on January 30, 2008

Former Pak CJ takes a swipe at Musharraf

Justice Iftikhaar Chaudhry lashed at Musharraf in a letter to Western leaders, referring to him as 'a person claiming to be head of state'.

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Ex Chief Justice of Pakistan, Iftikhaar Chaudhry, detained under house arrest since November lashed back at President Pervez Musharraf in a letter to Western leaders on Wednesday which referred to him as “a person claiming to be head of state”.

Musharraf sacked Supreme Court Chief Justice Iftikhar Chaudhry after declaring emergency rule on Nov. 3 in order to purge the judiciary of judges who might have annulled his re-election while still army chief and by a parliament that was ending its term.

During a tour of European capitals earlier this month, Musharraf referred to Chaudhry as “inept and corrupt”, and according to the judge circulated a defamatory document entitled “Profile of the former Chief Justice of Pakistan”.

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“It is surprising that a person claiming to be head of state should fall to such depths as to circulate such calumny against the Chief Justice of his own country,” Chaudhry said in an open letter.

Chaudhry addressed his rejoinder to President Nicolas Sarkozy of France, President of the European Parliament Hans-Gert Poettering, British Prime Minister Gordon Brown, US Secretary of State Condoleezza Rice as well as the head of the World Economic Forum, which Musharraf attended this month.

Pakistan is set to hold an election for a new parliament and prime minister on Feb. 18, having delayed the vote by six weeks because of the assassination of opposition leader Benazir Bhutto on Dec. 27.

Chaudhry noted some Western governments were emphasizing the unfolding democratic process in Pakistan, but reminded them that there was more to democracy than an election.

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“That is welcome, if it will be fair,” he wrote. “But, and in any case, can there be democracy if there is no independent judiciary?”

Chaudhry wrote the letter from an official residence in Islamabad, which he has refused to vacate and where he is being held under guard with his wife and three children.

Musharraf justified his action against the judiciary by saying it had created a conflict between the pillars of state and judges were also hampering the work of the government.

Chaudhry angered the government early last year by blocking the privatisation of a steel firm, and by taking up the case of terrorist suspects who disappeared in custody, but many analysts believe Musharraf feared the judge would block his re-election.

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Several thousand political workers, rights activists, lawyers, and judges were detained after Musharraf imposed emergency rule, but most were released by the time he lifted it in mid-December.

Chaudhry, however, remained under house arrest, as did several other senior judges and lawyers who had successfully defended Chaudhry after Musharraf suspended him early last year.

Chaudhry still regards himself as the true chief justice, and he referred to the judges who have sworn an oath under Musharraf since Nov. 3 as “handpicked and compliant”.

Aside from a lawyers’ movement launched to defend the judiciary, Nawaz Sharif, the Prime Minister Musharraf ousted in a coup in 1999, is campaigning for the restoration of Chaudhry and the other judges.

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Barbed wire has been placed round his residence, police pickets are on the lawn, the telephone lines have been cut, and the water has been periodically turned off, according to Chaudhry.

“I am being persuaded to resign and to forego my office, which is what I am not prepared to do,” he wrote.

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