Pakistan Court Reinstates Judge Ousted by Musharraf

Pakistan Court Reinstates Judge Ousted by Musharraf

http://www.bloomberg.com/apps/news?pid=20601087&sid=aP7txBbcGCgw&refer=home

By Khaleeq Ahmed and Khalid Qayum


Iftikhar Chaudhry, Pakistani chief justice July 20 (Bloomberg) -- Pakistan's Supreme Court rejected President Pervez Musharraf's suspension of the court's chief justice, describing it as ``illegal,'' in a case that prompted the biggest constitutional crisis of the military leader's eight- year rule.

A 13-member panel assembled from the 18 Supreme Court judges issued an order for the reinstatement of their colleague, Chief Justice Iftikhar Muhammad Chaudhry, today after hearing the case for more than two months.

Musharraf accepted the court's decision, his spokesman, retired Major General Rashid Qureshi, told Agence France-Presse. ``The president has said the judgment of the Supreme Court will be honored, respected, and adhered to,'' AFP cited Qureshi as saying.

The judge's removal sparked nationwide protests by lawyers and supporters of opposition parties demanding Chaudhry's reinstatement. Chaudhry asked the panel to rule on the legality of his March 9 removal by Musharraf for allegedly misusing his authority, charges the top judge denied.

``Our fight was for the independence of the judiciary and we have succeeded,'' Tariq Mahmood, one of the top judge's lawyers told reporters outside the courthouse. ``The fundamental rights of the people have been restored.''

``The decision has reestablished and raised the stature of the judiciary,'' said Zafar Nawaz Jaspal, assistant professor of international relations at Quaid-e-Azam University in Islamabad. ``For the first time, the judiciary has acted independently and given a decision against the wishes of the head of state.''

`Order Illegal'

The ``order of restraining the chief justice is illegal and without lawful authority,'' the court said in the order read out at the Supreme Court in Islamabad. ``The chief justice will be deemed to have been holding office during this period.'' Ten out of 13 judges supported the reinstatement of the top judge.

``It is a clear divide between civil and military forces,'' said Asma Jehangir, chairwoman of the Lahore-based Human Rights Commission of Pakistan. ``Musharraf owes an apology to the nation. Now is the time to investigate all the extrajudicial killings and kidnappings by the government.''

Chaudhry, 58, who was appointed as chief justice in June 2005, has a reputation for taking a firm line on government misdemeanors and human rights abuses, the British Broadcasting Corp. reported on March 10. He was scheduled to hear a case to determine whether Musharraf could legally run for election for a second term, Dawn newspaper reported on March 12.

Karachi Riots

Forty people were killed in rioting in Karachi after pro- Chaudhry demonstrators clashed with Musharraf supporters on May 12. At least 13 died July 17 in an Islamabad suicide bombing at a lawyers' rally that Chaudhry was to address.

Prime Minister Shaukat Aziz said he accepts the court's decision, said a statement released by the government.

``I have always maintained that the decision of the honorable Supreme Court must be accepted by all sections of the people including the government itself,'' the statement cited Aziz as saying. ``This is not the time to claim victory or defeat. The constitution and the law have prevailed and must prevail at all times.''

GEO television broadcast images of lawyers cheering the decision, distributing sweets and chanting anti-Musharraf slogans. The channel also telecast Pakistan's national flag being hoisted at Chaudhry's house after the decision.

Chaudhry, in a statement to the Supreme Court panel, accused Musharraf and Pakistan's three senior military officers of forcing him to quit or face a judicial inquiry. Chaudhry said he was dismissed after refusing to step down. Musharraf and the officers denied his allegation.

Bias Accusation

Musharraf had failed to block the involvement of the Supreme Court in Chaudhry's case, preferring that the case be settled by the Supreme Judicial Council, a group of Supreme Court and lower- court members that hears complaints against judges. Chaudhry had accused some council members of bias against him.

Musharraf, who seized power in a 1999 military coup and remains army chief, has said he will seek a new term before the Nov. 15 end of the current Parliament, where a majority of seats are held by pro-Musharraf parties. Pakistan's president is elected by a vote of the Parliament. Musharraf's opponents demand he give up his military role and that the next Parliament vote for a president.

Bhutto Return

The Supreme Court's ruling may have a ``profound effect,'' including paving the way for exiled former Prime Minister Benazir Bhutto to return to the country, her spokesman Farhatullah Babar said today by telephone from Islamabad.

Bhutto, 54, who now lives in London and Dubai, ``has said she will return before elections, and now she might come earlier,'' Babar said. Musharraf said May 17 that Bhutto wouldn't be allowed to return to Pakistan ahead of presidential and parliamentary elections.

Bhutto's opposition Pakistan Peoples Party has about 80 seats in the National Assembly, parliament's lower house.

``The most likely thing is that Benazir Bhutto will go back and everything will appear to be OK,'' said Gareth Price, Head of the Asia Programme at London-based Chatham House international affairs institute, which advises European governments. ``She goes back, does well in the elections and then gets an official role, probably becoming prime minister,'' Price said.

``The problem for Musharraf is what he does now'' that Chaudhry is back, Price said. Musharraf wants to hold the presidential elections before the parliamentary elections so that he can use the support he has within the present assemblies. He fears that he won't be re-elected by new assemblies, so the date of the election may divide the two, Price said.

Islamic Extremists

Musharraf is also facing a challenge from Islamic extremists angered by his support for the U.S.-led campaign against terrorism. Terrorist attacks in the country have killed more than 130 soldiers and civilians since security forces stormed Islamabad's Red Mosque last week, killing 75 pro-Taliban militants.

The U.S. administration has urged Musharraf to crack down on militants in the area along the border with Afghanistan, as part of the U.S. campaign against terrorism. Al-Qaeda has gained strength in the ``safe haven'' it has established in the tribal region, 16 U.S. intelligence agencies said in a report published on July 17.

The president has vowed to root out extremism, and said two days ago that he won't impose a state of emergency in response to the tensions.