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Mon. Oct. 1, 2007
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Politics in depth > Asia > Politics & Economy
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Profile
Justice Wajihuddin Defies General Musharraf
Lawyers' Presidential Candidate
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Former Pakistani Supreme Court judge Wajihuddin Ahmed arrives to submit the nomination papers for the upcoming presidential election in Islamabad.(photo by Reuters) |
He would have been Pakistan’s Chief Justice if he had bowed to the country’s military ruler, General Pervez Musharraf, and had taken oath under provisional constitutional order (PCO), which compelled the judges to act under the new order instead of the constitution.
But, he chose the direction against the wind, and refused to take fresh oath insisting that he cannot violate his oath, which he had taken as a judge to protect the constitution.
This is Justice Wajihuddin Ahmad, who has been nominated as the presidential candidate to contest against Chief of Army Staff, General Pervez Musharraf for the post of president of Islamic Republic of Pakistan.
| Justice Wajih was the first judge who challenged the Musharraf’s military rule and refused to take the fresh oath under the PCO. |
His name was familiar to only legal fraternity till a few days ago, but now he is known as a person who has dared challenge the military dictatorship. He must be happy now over his decision of not joining hands with the military regime unlike his other colleagues in 2001.
Known as a “brave judge” and a strict administrator during his judicial career, Justice Wajih was the first judge who challenged the Musharraf’s military rule and refused to take the fresh oath under the PCO.
Born on December 1, 1938 in New Delhi, India, Justice Wajih was one of the five Supreme Court judges who refused to take fresh oath under the PCO, and preferred to resign in January 2001. The PCO required the supreme and high court judges to act under the PCO rather than the constitution.
He belongs to a lawyer family. His father, Justice Waheeduddin was a famous lawyer in Delhi, who continued to work as a professional lawyer after migration to Pakistan in 1947 following the division of sub-continent. Justice Waheeduddin too was Chief
Justice of West Pakistan High Court in 1960s.
It is an interesting coincidence that both General Musharraf and Justice Wajih have the similar ethnic background, and place of birth. General Musharraf too was born in New Delhi.
Justice Wajih passed his matriculation from Sindh Madrassahtul Islam, which was the alma mater of Quaid-I-Azam Mohammad Ali Jinnah, the founder of Pakistan.
After passing his intermediate in 1957 from Saint Patrick’s College Karachi, and graduating from F.C College Lahore in 1959, Justice Wajih got admission in Sindh Muslim Law College for law education.
He started his long and distinguished career in the legal profession in 1961 and worked under senior lawyers. He had also been a visiting professor at Sindh Muslim Law College 1976. He was consecutively elected unopposed as President of Sindh Bar Association in 1977 and 1978.
He was appointed as standing counsel for federal government in 1984. He became the dvocate general of Sindh in 1986 and appeared on behalf of the provincial government in several famous cases.
| Justice Wajih is known as founder of judicial activism in Pakistan. |
Justice Wajih was appointed as a judge of Sindh High Court in September 1988. In 1997, he became the Chief Justice of Sindh High Court. In May 1998, he was appointed as a judge of Supreme Court. In January 2001 he refused to take fresh oath under PCO, and preferred to retired.
Justice Wajih is known as founder of judicial activism in Pakistan. He took sue motto notices of different issues relating to public interest more than any other judge during his nine-month long tenure as Chief Justice Sindh High Court.
“I have never seen such a sharp, active and committed judge during my 40 years career of court reporting”, Ali Hamza Khan, a veteran Pakistani court reporter says.
“ He was the only chief justice who even didn’t bother about the army officials. If he found them (army officials) involved in any matter, he never gave them any concession”, Hamza said adding “ but the then government in line with others didn’t bear his judicial activism for a long time, because he was challenging the system”.
Therefore, he was transferred to the Supreme Court, He added.
“ He really provided relief to the common people who had been victimized by state
institutions”.
Hamza stresses that Justice Wajih is not contesting the presidential election to win. Instead, he is contesting the election to get the nomination papers of General Musharraf rejected by the Election Commission.
Justice Wajih believes that the Election Commission should have rejected the nomination papers of Musharraf . “If the rule of law is to prevail, the candidature of General Musharraf is bound to be rejected by the Election Commission”, Wajih said.
"The real intention behind my decision to contest the presidential election is to raise objections against the candidature of General Musharraf as only a candidate could challenge the nomination of another candidate," Justice Wajih added.
| “In fact, we will probably lose them (elections). But what is more important is the cause of the people of Pakistan," Wajih said. |
“This is my national obligation to contest the election. “This is something you cannot refuse.” He maintained.
“We can win elections and we can lose elections. In fact, we will probably lose them. But what is more important is the cause of the people of Pakistan,” he said .
“I don’t think my position will be any worse. Look, it’s not about winning or losing the election. Lawyers don’t want Gen Musharraf to win the presidential poll uncontested.”
Justice Wajih believes in miracles.” If the slumbering conscience of the parliamentarians of the ruling alliance awakes, then it may be only an outside chance of winning”.
“I have won elections to various professional bodies. This will be the first election I will lose. I almost pleaded with my lawyer friends not to force me to contest the election”, he said.
Reluctant to comment on the kind of ruling likely to be delivered by the Supreme Court on the petitions challenging the president’s dual offices, Justice Wajih said: “To my mind, they will not give a ruling with far-reaching consequences. They are likely to defer the issue till such time in the future when the election of the president is challenged.”
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Aamir Latif is a Pakistani writer and journalist. He is also IslamOnline.net correspondent in Pakistan. Click here to reach him.
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