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Report on Lawyers’ Movement Pakistan 2007-8

Category: Law Paper Type: Report Writing Reference: HARVARD Words: 4150

Lawyer’s Movement Pakistan 2007-8

In Pakistan, democracy wouldn't have been restored, had civil society, media, and lawyers not come out against the acts of the dictator, Pervez Musharraf, in March 2007. It was due to the efforts and protests of legal fraternity that the public has gained greater confidence in lawyers and judiciary. According to Chief Justice Iftikhar Chaudhry, it was a period of despair and lawyers played an important role in resolving the issues which had spread throughout Pakistan in 2007. It was the movement of lawyers that lead to a decisive opposition victory in the general elections of 2008, after which Pervez Musharraf had to step down (O’Brien 2015).

            Initially, the focus of lawyers was on defending the efforts of Ifthikar Chaudhry in prosecuting the senior members of the current or Musharraf's regime with the charge of being extensively involved in corruption. In general, it is still determined if Musharraf had not been forced to step down, he would have abolished the power of law in the country. For instance, he had caused Chief Justice to step down because he had charged claims of corruption against the members of his regime. This was a huge disrespect and threat from Musharraf from the perspective of lawyers. It is believed that whether it posed implications for the present or not, it posed severe implications for the future of Pakistan where the law would not have any power. That is the reason why the lawyer's movement is considered so important in restoring the law and its power in Pakistan (Malik 2008).

Conceptual Framework on Lawyers’ Movement Pakistan 2007-8

In this section conceptual frameworks regarding protest and movement are presented in detail. Movement and protest are two different and broad terms that relate to law and regulation system of a country. In the following separate headings, information regarding law-related movements and protests of Pakistan is discussed. Do the following paragraphs explain what is the protest? And how it brings out changes in the economic and political condition of a country. While the information presented on the topic of movement explain the actual meanings of movement and its contribution to the changes and development of a country.  Moreover, it also elaborates on the democratic transition of Pakistan and the movement of lawyers.       

v  Movement of Lawyers’ Movement Pakistan 2007-8

Movements are also similar to protest as these are also started or initiated for the support of public rights or a civil opinion. However, movements last for a longer time and directly influence the economic condition of a country in the long run. Movements can be related to any topic such as movements carried out for religions claims or movements supporting a social interest. Moreover, movements can be also started for the purpose of betterment and improvement in businesses. Apart from this, history is also evidence of many nationalistic movements started on educational conditions (Ahmed and Stephan 2010).

According to the research articles written on movement, nationalist movements and power of big business are the key contributing factor for the promotion of globalization in the business world. Although, oppositional movements have emerged and the reaction is widespread against the governmental orders and established policies in various forms (Faqir, Islam and Rizvi 2013). In 2014, Umbrella movement was started for the government as established political leaders of that times presented a contradictory statement and supported the emergence of semi-democratic regimes. As a result of this movement, the government was moved out earlier than their decided time period. Elaborating on this topic a researcher identified various democratic reforms as well that supported authoritarian form of governmental structure and encouraged pro-Beijing to ensure recognition of democratic difficulties (O’Brien 2015).

Another research study highlighted labour movements of history with an impact on the economic and social condition of the country in which these movements were initiated. In 2011, Tunisia faced a large scale labour movement started out at the national level for the safety and improvement of labour rights. As in the condition of uncertainties, threats were raised against their job securities. Lawyers of that also added fuel to the fire and raised voice with the labour movement to reduce authoritarian systems in the labour markets. In this movement, labour and lawyers exercised against crisis to influence labour market-related policies and strategies developed in the national level organizations as well as local businesses.                          

v  Protest of Lawyers’ Movement Pakistan 2007-8

An important measure regarding discontent within societies is considered as a protest. The protest is also identified as politics by various means. Protest provides support to the public to stand against new rules and regulations that go against their basic rights to protect this society. The protest also represents the public power of a specific group. Following research articles, in the past few years, the protest had changed democratic condition as well as the social condition of many developed countries. Take the examples of early protests in Middle East countries and Asian countries. In the 1980s, protests played a significant role to contribute in the fall of communism and enhance challenges for the hegemony of international level organizations. Global organizations effected from the protest of the 1980s are the World Bank and IMF (O’Brien 2015).     

Excluding all these, researchers also prove that protests are harmful to developing societies. Particularly, in the state of unstable economic condition and uncertainty periods protests can be proved as a negative factor for future stability. Incumbent regimes get harm from protests in the uncertain conditions by amplification of tensions. Although, researchers highlight protest as a social evil that result in the collapse of the country's economy in extreme cases (Faqir, Islam and Rizvi 2013).

In Pakistan, protest and movement of lawyers had played a critical role in politics but mainly lawyers are famous for their contribution and focus on movements and protests. Other than handling public protest on various conflicting topics and ensuring peace in the society lawyers also take direct participation in protests to raise their voices for their rights identified and justified by law regulation authorities. However, in modern countries protest is replaced with other civil practices that do not provide direct harm to the economic condition as well as the political condition of a country.  In these developed countries, people seek for better remedies and solutions than only protesting for their perceived social problems and injustice practices. In accordance with the research findings and historical analysis, the protest was not only legalized or followed in Europe countries only. In fact, researchers identified that North America and Arabian countries were also involved in confined protests in their societies for injustice practices. In Arabian countries, large scale public events were also capable of diffuses various geographical regions. For instance, the Arab spring and Colour Revolutions.      

Apart from social and legal conflicts, the religious protest was also recorded in past history. However, the majority of protests were recorded against political forces and decisions taken by the democratic governments. According to the research findings of (O’Brien 2015), protest provides an important tool to the public to protest and direct their actions in the civil society to enforce their rulers and political powers to accept their claims. In a civil society, a group of people can easily mobilise in a non-violent way at any time to raise their voices in front of their political leaders and elite class as a citizen’s communication. Such actions are legalized in civil societies as protests and the basic right of the public against democratic politics. In an article, researchers presented the views of Tarrow (2011) regarding types of collective actions and protests. According to this view, the repertoire of contention offers movements three broad types of collective action – disruption, violence and contained behaviour. In this argument, the most attractive form of protest is a disruptive protest that concerns with attention generation and incorporation of claims for collective self-representations (O’Brien 2015, Arif 2014).           

v  Movement and Democratic Transition

       Movements and protest are a highly powerful tool that can bring changes in the democratic condition of a country. As discussed earlier in this assignment, movements and protest stand against the concept of authoritarianism to ensure the development of the democratic system in the real meanings. In the democratic governmental structure, public opinion decides the matter. The public elects political leaders of their choice to work for them. While public act as a main source of power. However, when things go against their benefit they take legal action in the form of protest or movements to restore their benefits and interest for a better future ahead. Other than this, democracy also depends upon movements. Basically, the term democratization is about the democratic political regime transition. Political powers and changes move in democratic or autocratic directions which depends upon the extent of power given to the lawyers and public movements in a country. National development and civil society development remain under the supervision of governmental sector that should be handled properly by the political forces and lawyers of a country.                                    

         According to the research findings of various research studies, movements encourage or discourage democracy and the rule of law. In past, many successful movements caused changes in the established political structure of a country. Somehow, the majority of these movements were started and supported by lawyers. In fact, lawyers are the powerful actors in a country who have the authority to make laws and influence civil society negatively or positively. Although, in many Asian countries lawyers also supported some movements and laws that were later on proved as critical movements for the overall development of a country. For instance, during the times of Musharraf government lawyers paved paths for a movement as a result of which Musharraf was stepped down from the allotted power. At this time, the lawyer's movement was quite strong and influential because of which Musharraf was stepped down without having a proper notice of firing. This is how lawyers in Pakistan develop laws and even change the governmental sector. Analysis of Pakistan’s history indicates that this change was a huge step in the history of Pakistan that promoted democracy in this country. The democratically elected government of Zardari was again established in 2008 after this event. Consequently, independence of the judiciary and public strength was promoted and circumstances were changed respectively in the favour of democracy. In other words, movements supported by lawyers and public causes a transition in the democratic rule or overall democracy of the country. Such situation is also common in European countries where the public has the power to step down their elected leaders in a democratic government by the use of movement as a tool of power (Ahmed and Stephan 2010, Ghias 2010).

The Lawyers’ Movement of Lawyers’ Movement Pakistan 2007-8

A movement or more specifically, a social movement refers to group action. It is important to recognize that an individual consensus definition of a social movement is not developed. However, they are sometimes large and informal groupings of organizations or people which specifically focus on social or political issues. In simple words, they seem to undo, resist, or perform a social change. Meanwhile, a protest is similar to a social movement and it is meant to resist a specific issue or situation. There are a number of forms which can be taken by protests such as mass demonstrations and individual statements. In this case, it was the lawyers who not only protested but also brought a social change in the form of democratic rule (Ahmed and Stephan 2010).

            It was in March 2007 that Pervez Musharraf deposed Iftikhar Chaudhry, the Chief Justice of Pakistan. This caused the community of lawyers to stop working and come in the streets and in July of the same year, the Iftikhar Chaudhry was restored to the office. However, it doesn't mean that the issues in Pakistan had been resolved. In November 2007, a state of emergency had been imposed by Musharraf in Pakistan because of the controversy which centred on his re-election. A POC or Provisional Constitutional Order was introduced by him due to which 60 judges were dismissed. Meanwhile, the remaining judiciary was forced to take an oath. In December, the emergency was lifted, however, judges were not reinstated.

The objective of lawyers was to create a rule of law in the longer-term in Pakistan by ensuring the safety of the constitution and independence of the judiciary. Meanwhile, in the short term, the goal of lawyers was to reinstate the judges (Zaidi 2008).

Main Players and Milestones of Lawyers’ Movement Pakistan 2007-8

            Primarily, the movement was initiated by the community of Pakistani lawyers who wanted to support the law, judicial independence, and constitutional respect. The principal role was played by lawyers in educating the people of Pakistan about the problem. Pakistani civil society also supported the lawyers. The supporters of this movement also included traders, businessmen, and professionals. Pakistani students also became a part of the movement after a long time when they were inspired by the struggle of civil society and lawyers. It was during these days that Pakistan Youth Alliance and Students for Restoration of Democracy were established through social networking. An important role was also played by these organizations in increasing the awareness of people about democracy (Shafqat 2018).

Tactics of Lawyers’ Movement Pakistan 2007-8

            A major role in educating people and increasing awareness was also played by electronic and print media in educating people about the relevant issues and movement of lawyers. However, its role was limited only to the building of awareness. In addition to it, at the peak of the movement, Musharraf's dictatorial regime puts carbs on the role of media. Various channels which were discussing the objectives of the movement were limited and taken off. At such times, an important tool was utilised in the form of instant messaging. For instance, one text message about venue and time of demonstration would be viral in a short amount of time, and most of the times, the venue would be amassed by people even before the specified time. This is also the time when social media was utilised in an effective manner. Event component of social media was used for organizing the movements and holding them in an effective manner. Posters were put on and the message was to enforce the law and prosecute Musharraf (Faqir, Islam and Rizvi 2013).

Most of the students co-authored blogs and articles for explaining why activism was required. Some specific parts of the constitution were quoted and freedom of speed and expression was mandated. These articles and blogs also served to increase the awareness of people about what would happen if an action was not taken against Musharraf and the benefits which would be brought by the actions if they were taken against the current regime. Students who sided with the movement tied a black ribbon on their shirt sleeves for educating and encouraging people to join the movement. The message conveyed to people was quite simple that strength existed in numbers (Khan and Joseph 2008).

Hurdles of Lawyers’ Movement Pakistan 2007-8

            Pakistan Penal Code’s Section 144 generally outlaws the assembly with four or more than four people together. Musharraf was the one to first impose and it was imposed for the second time by the coalition government of PPP. Due to it, peaceful demonstrators were arrested by the police. These governments also attempted thorough censorship of media for hindering the public for gaining awareness about the current events and joining the movement. The protest’s climax against the censorship of media was when the Federal Minister resigned on March 2009. Around the administrative area of government, containers were put. The red zone generally involves the Supreme Court, National Assembly, and the Presidency. Several officials of the movement were arrested throughout the movement including Nawaz Sharif, Imran Khan, Ahmed Ali Kurd, and Aitzaz Ahsan (Akhtar 2010).

Outcome of Lawyers’ Movement Pakistan 2007-8

 In Islamabad, one protest rally was composed of only students together with the activists of civil society. It was performed during the rule of emergency when the assembly of over four people was being imposed in the public. The gathering of protesters was led to the house of president. Although students participated with the activists, they did not inform their parents about their participation because they didn't want anyone to restrict their participation. The resolve of both students and participants was strong and the encirclement of the rally was braved by all the participants. In spite of the fact that police members outnumbered the participants, people didn't lose their resolve. The lips of participants were sealed with duct-tape and their national flags were held high in the art. Some victims of assault by police were only fourteen years old. However, under the orders, the police did not spare even a single member of the movement (Arif 2014).

            After a number of rallies similar to this one, sufficient enough support had been gathered through the country that individuals were marching from different places towards Islamabad. People did not care about the distance. The only objective was to march and protest against Musharraf. Huge containers were installed by the government for hampering the demonstrators from taking a step in the red zone. However, it was soon realised by them that the movement could not be just controlled by police forces. And before demonstrators could actually reach the capital, the judges of Supreme Court were reinstated including Iftikhar Chaudhry. Across the nation, thousands of people rejoiced at their triumph, with consistent visits to the Chief Justice at his residence for several weeks. Since the success of the movement, civil society faced numerous challenges in attempting to expand the movement with broader objectives. Although the community did not grow significantly, it did achieve its primary objective of making Musharraf step down (Ahsan 2009).

            Actually, this whole event had not occurred in Pakistan if Musharraf had not forced the Chief Justice to step down and relinquish the power of law. There are three parties in Pakistan at the moment. The first party believes that Pervez Musharraf was indeed wrong in his doings and his intentions were aimed at harming Pakistan. This party is comparatively larger than the other two parties and that is the reason why Musharraf was forced to step down. If the parties had been equal in size, there would have been no pressure on Pervez Musharraf to step down and relinquish his regime. The second part is composed of people who believe that Musharraf was not wrong in his doings. The majority of these people include those people who supported him in the first place to come up with his regime. Meanwhile, the last part is composed of only those people who believe that Musharraf is wrong in some of his doings but he is also correct in some of his actions. This is the most balanced part of the three parties (Nelson 2009).

 Although these parties have their own beliefs, it cannot be ignored what Musharraf did was indeed an action against his own prosecution. In simple words, since corruption was charged against some members of his regime, he chose to take actions before he could be targeted next. To some extent, there is always a possibility that if members are doing corruption then the head must be involved in corruption as well. This claim is actually justified by the fact that Musharraf chose to relinquish Iftikhar Chaudhry and his supporting members who were responsible for charging the files against his members in terms of corruption. As explained above, if necessary steps hadn't been taken to stop Musharraf, he would have taken worse measures to protect his regime and prolong it without caring about the power of law. In fact, the law would have been threatened the most as it would have no power against Musharraf. Thus, it can be said that a democratic shift was caused by the lawyer's movement of 2007-8 (Ghias 2010).

Conclusion of Lawyers’ Movement Pakistan 2007-8

Overall, it can be said that a social movement refers to group action. It is important to consider that an individual consensus definition of a social movement has yet to be created. Sometimes, they are large and informal groupings of organizations or people which specifically focus on social or political issues. In simple words, they seem to undo, resist, or perform a social change. A protest, meanwhile, is similar to a social movement and it is meant to resist a specific issue or situation. There are a number of forms which can be taken by protests such as mass demonstrations and individual statements. In this case, it was the lawyers who not only protested but also brought a social change in the form of democratic rule.

Democracy, in Pakistan, wouldn't have been restored, had civil society, media, and lawyers not come out against the acts of the dictator, Pervez Musharraf, in March 2007. It was due to the efforts and protests of legal fraternity that the public has gained greater confidence in lawyers and judiciary. In accordance with Chief Justice Iftikhar Chaudhry, it was a period of despair and lawyers played an important role in resolving the issues which had spread throughout Pakistan in 2007. It was the movement of lawyers that lead to a decisive opposition victory in the general elections of 2008, after which Pervez Musharraf had to step down. 

It wouldn’t be wrong to say that the primary objective of lawyers was on defending the efforts of Ifthikar Chaudhry in prosecuting the senior members of the current or Musharraf's regime with the charge of being extensively involved in corruption. It has been determined that back then if Musharraf had not been forced to step down, he would have abolished the power of law in the country. After all, it is important to consider how he had caused Chief Justice to step down because he had charged claims of corruption against the members of his regime. From Musharraf, this was a huge disrespect and threat in the perspective of lawyers. It is believed that whether it posed implications for the present or not, it posed severe implications for the future of Pakistan where the law would not have any power. That is the reason why the lawyer's movement is considered so important in restoring the law and its power in Pakistan.

In terms of the research, it can be said that not sufficient enough information is available on this issue. Although little pieces of information can be found from different sources, it is quite ambiguous because proper conclusions cannot be formed by them. For instance, they don't provide the researcher with enough detail to analyse whether Pervez Musharraf had done the right or wrong this when he caused the Chief Justice to step down. In this research, it has been determined that if the lawyer's movement had not been carried out, the power of law would have been abolished in Pakistan. Thus, an important role was played by the movement in restoring the power of law.

References of Lawyers’ Movement Pakistan 2007-8

Ahmed, Zahid Shahab, and Maria J. Stephan. 2010. "Fighting for the rule of law: civil resistance and the lawyers' movement in Pakistan." Democratization 17 (3): 492-513.

Ahsan, Aitzaz. 2009. "The Preservation of the Rule of Law in Times of Strife." Int'l Law 43.

Akhtar, Aasim Sajjad. 2010. "Pakistan: Crisis of a frontline state." Journal of Contemporary Asia 40 (1 ): 105-122.

Arif, Rauf. 2014. "Social movements, YouTube and political activism in authoritarian countries: a comparative analysis of political change in Pakistan, Tunisia & Egypt."

Arksey, Hilary, and Lisa O'Malley. 2005. "Scoping studies: towards a methodological framework." International journal of social research methodology 8 (1 ): 19-32.

Faqir, Khan, Fakhrul Islam, and Shahid Hassan Rizvi. 2013. "The lawyer's movement for judicial independence in Pakistan: A study of Musharraf regime." Asian Journal of Social Sciences & Humanities 2 (2): 345-357.

Galvan, Jose L., and Melisa C. Galvan. 2017. Writing literature reviews: A guide for students of the social and behavioural sciences. Routledge.

Ghias, Shoaib A. 2010. "Miscarriage of chief justice: judicial power and the legal complex in Pakistan under Musharraf." Law & Social Inquiry 35 (4 ): 985-1022.

Hart, Chris. 2018. Doing a literature review: Releasing the research imagination. Sage.

Khan, Zafarullah, and Brian Joseph. 2008. "Pakistan after Musharraf: The media take center stage." Journal of Democracy 19 (4 ): 32-37.

Malik, Muneer A. 2008. "The Pakistan Lawyer's Movement." An unfinished agenda. Karachi: Pakistan Law House.

Nelson, Matthew J. 2009. "Pakistan in 2008: moving beyond Musharraf." Asian Survey 49 (1 ): 16-27.

O'Brien, Thomas. 2015. "Populism, protest and democracy in the twenty first century." Contemporary Social Science 10 (4).

Shafqat, Sahar. 2018. "Civil society and the lawyers’ movement of Pakistan." Law & Social Inquiry 43 (3): 889-914.

Zaidi, S. Akbar. 2008. "Pakistan after Musharraf: An Emerging Civil Society?" Journal of Democracy 19 (4 ): 38-40 

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