EXECUTIVE-JUDICIARY INTERACTION AND MOVEMENT FOR INDEPENDENT JUDICIARY IN PAKISTAN: 2007-09
Journal: International Journal of Political Science, Law and International Relations (IJPSLIR) (Vol.6, No. 1)Publication Date: 2016-02-29
Authors : ABDUL QADIR KHAN; ADIL ZAMAN KASI;
Page : 1-8
Keywords : Judiciary; Supreme Court; Chief Justice of Pakistan; Rule of Law; Army;
Abstract
Pakistan, since independence has become a laboratory for constitutional experiments with judiciary playing the most controversial role. Under the theory of necessity, the superior judiciary has legalized military takeovers. Although controversial as a judge of the Supreme Court of Pakistan, Iftekhar Muhammad Chaudhry was found to be a changed person the moment he took his seat as the Chief Justice of Pakistan. Since his appointment as CJP, he was more eager to assert his authority to maintain rule of law. However, the situation was not conducive for any action that went against the will of the military ruler. But the Judge-Bench collaboration supported by the entire civil society initiated a movement to negate and nullify the dictates of a dictator. The movement led by Black Coats community extended over years, bearing hardships of all kinds. The movement was successful in forcing General Musharraf to uphold the provisions of constitution and rules of established law of the land. The entire nation emerged victorious in upholding what is called rule of law.
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