http://www.law.harvard.edu/news/2007/11/13_pakistan.php
"Following last week's military crackdown in Pakistan and the detention of hundreds of lawyers, the Harvard Law School Association has decided to award Pakistani chief justice Iftikhar Choudhary its highest honor: The Harvard Law School Medal of Freedom. Chaudhary was detained after he convened the Pakistani Supreme Court to declare the current state of emergency imposed by General Pervez Musharraff null and void."
Naturally, the first world did not do its due homework on the third world before dishing out golden glories in the support of their forever-blaring bandwagons for democracy. I understand that everybody calls him a hero. I understand that he is confronting the army right now like no other member of the judiciary has done in a long time. I understand that he is the symbol of Pakistan's call for democracy and the end of military rule. I understand all of that. In addition, though said to have misused his power and resources, he hasn't headed any court ruling as of now that might have openly supported the military. Though, he sat on four pivotal Supreme Court benches between 2000 and 2005 that validated the military takeover by Gen Musharraf, his referendum, his legal framework order (LFO) and the 17th constitutional amendment that gave the president additional powers and allowed him to continue as the army chief, he wasn't heading any of them.
So yes, I understand that in the aftermath of 9th March, he was the perfect candidate for the representation of everyone's displeasure with the military. Musharaff got what he deserved, but I also think that the CJ got MORE than what he deserved. Previously, people like Nelson Mandela have been awarded Harvard's Medal of Freedom. Nelson Mandela and his achievments DO NOT compare to the CJ's. Like Zulfikar Ali Bhutto, CJ Iftikhar Chauhadry is "riding the wave", with a lot less charisma and perhaps a lot more manipulation.
Symbols should be clearly differentiated from individuals. When people make a figure into a symbol, most of the time, the figure can't live up to that image, and in fact, is not required to do so because that symbol is simply the external face of a movement that is being kept alive from below by those who choose this person as their symbol. The figures who become these symbols generally just do through the fortunate stroke of circumstance, and an accidental action on their behalf-the force of any movement that follows only uses these circumstances and the accidental action as an impetus to let out what had already been brewing under the surface. Most of the social and political activists, and legal groups in Pakistan were already pretty sick of Musharaff's blatant manhandling of the constitution. The Chief Justice issue was just the right amount of flame needed to set off the dynamite that had already been waiting for the right chance to blow.
This is not to say that subsequently, the Chief Justice did not act in the cause of the lawyers' cry for democracy. He did, but from that point onwards, he knew he could because he had a soft lawyer-cushion to fall back on. Right place, right time, not a lot of self-driven initiative.
Harvard Law School, as it announces to the press that its giving the CJ this prestigious "Medal of Freedom", should also announce the names of who it has given this medal to in the past, and the criteria according to which it awards this medal. It might turn out, that Asma Jahingir(of the Asma Jillani Case against Yahya Khan) might turn out a better candidate than our current flag-waver of the "people's cause".
Wednesday, 14 November 2007
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