The Harvard Law School Association this week awarded its highest honor to embattled Pakistani Supreme Court Chief Justice Iftikhar Chaudhry.
Chaudhry was not able to personally accept the HLS Medal of Freedom: He has been under house arrest since Pakistani President Pervez Musharraf declared a state of emergency and suspended the country’s constitution earlier this month. Lawyers and opposition leaders have rallied in the streets.
“As lawyers who value freedom and the rule of law, we at Harvard Law School want Chief Justice Chaudhry and all of the courageous lawyers in Pakistan to know that we stand with them in solidarity,” Law School Dean Elena Kagan said in a statement. “We are proud to be their colleagues in the cause of justice, and we will do all we can to press for the prompt restoration of constitutionalism and legality in Pakistan.”
The medal was first awarded in 2000 to attorneys involved in the landmark Brown v. Board of Education Supreme Court case. Other recipients include author and social justice activist Randall Robinson and former South African President Nelson Mandela.
“This honor will be seen as a symbol of standing up for what the law is capable of doing or what the law is capable of meaning,” law professor Noah Feldman ’92 said. “That’s a great message to send to the world in general and to General Musharraf in particular.”
Musharraf came to power in a 1999 coup. Internationally, Musharraf is often criticized for serving as president while maintaining his position as head of the Pakistani military.
Although Chaudhry initially cooperated with Musharraf, he has since challenged some of Musharraf’s decisions. In March, Musharraf fired Chaudhry from his position as chief justice. A public outcry prompted the supreme court to overturn Musharraf and reinstate the chief justice.
The Pakistani Supreme Court was slated to soon rule on the constitutionality of Musharraf’s presidency, but the institution of emergency law and the subsequent firing of the majority of the supreme court has held that decision at bay.
Musharraf has said that his emergency policies—suspending the Pakistani constitution, censoring independent media outlets, and ruling through the force of the military—are intended to combat terrorism and help the country survive. Musharraf has likened himself to Abraham Lincoln and said that Chaudhry has been placed under house arrest for encouraging terrorism and engaging in corrupt practices.
“He claims that he’s talking about the survival of the country, which is outright rubbish,” said history professor Sugata Bose, who is an expert on modern South Asia. “What he is doing is talking about his own survival. He is basically trying to save his own skin and save his job.” [SEE CORRECTION APPENDED]
Chaudhry plays a crucial role in determining the future of Pakistan, Bose said.
“What we are seeing is a test, whether or not a dictator can subordinate the judiciary. And Mr. Chaudhry has decided to test the limits of the power of the dictator.” Bose said. “If he succeeds, it will be a great signal to future military leaders who try to capture power that they cannot suppress the judiciary if a person sufficient in integrity and character tries to resist them.”
CORRECTION: The last three paragraphs of this article include erroneous attributions to historian Sugata Bose. It was Ash Institute for Democratic Governance and Innovation Director Gowher Rizvi—not Bose—who said that Pakistani leader Pervez Musharraf is trying to save his job and that Supreme Court Chief Justice Iftikhar Chaudhry plays a crucial role in determining the future of Pakistan. Bose was not interviewed for this article. The Crimson regrets the error.
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