Bronwen Maddox: World Briefing
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The Supreme Court of Pakistan is on a collision course with President Musharraf on four different counts. In this year’s turmoil the court has been a reassuring pillar in a disintegrating country, challenging the legal underpinnings of military rule, such as they are, while affirming the primacy of the Constitution. But the stakes are so high now that the court is beginning to seem like a political actor itself — and to enjoy the role.
Yesterday it seemed as if the first pair of judgments, on whether Musharraf was re-elected legimately last month while remaining head of the Army, and on whether he was entitled to grant Benazir Bhutto an amnesty from corruption charges, might be postponed again. They were expected tomorrow but Musharraf’s lawyers have asked for more time, which may push the verdict into next week.
The Chief Justice, Iftikhar Chaudhry, also said yesterday that he will look into the attempted murder of Bhutto two weeks ago, as the official inquiry had so far got nowhere, and scheduled a hearing for today. The suicide attack had “resulted in a very poor projection of Pakistan in the world community”, the court observed.
It has also challenged Shaukat Aziz, the Prime Minister, over the deportation of Nawaz Sharif, a former Prime Minister and head of the Pakistan Muslim League, the mainstream conservative party. When Sharif tried to return from exile in September he was bundled on to a plane to Jeddah. Britain, the US and, according to reports, Saudi Arabia itself have been pressing Musharraf to let Sharif return to campaign for elections due in January, but so far to no avail.
If Musharraf attempts to postpone those elections — and there have been rumblings this week that his team has considered the idea, given almost daily suicide bombs — then the court would have something to say, as it would on any attempt to declare a state of emergency.
Bhutto, the former Prime Minister and head of the Pakistan People’s Party (PPP), last night cancelled a planned trip abroad, amid rumours that Musharraf was planning to respond to an unfavourable Supreme Court judgment by imposing a state of emergency. She vowed to oppose any suspension of basic human rights.
In its appearance the court is a bastion of order in an unruly country. The gleaming white concrete building, set near the Parliament and President’s House (where Musharraf will have to move once he relinquishes his uniform), is one of those structures, neat as an architect’s model, by which Islamabad hopes to show that it is a proper capital city and Pakistan a country with proper institutions. Inside, at the heart of a maze of unmarked corridors and lifts, the chamber is a windowless atrium, half as wide as its ceiling.
It could be a modern European courtroom but the 11 justices sit under a portrait of Muhammad Ali Jinnah, founder of Pakistan, and attendants in white “Jinnah caps” squat or lounge on the side steps. All proceedings are in English, one of the two official languages but surely unsustainable as it is intelligible only to a tiny fraction.
Aitzaz Ahsan, a superstar among Pakistan’s trial lawyers, long associated with the PPP and opposition to military rule, has spent weeks arguing to the judges that Musharraf was not entitled to be re-elected for another five-year term while he retains his military role. “They have no way around my arguments,” he said, with the fluent confidence of his profession.
Among the 200 lawyers watching, some speculated that the court would fudge the result or offer a split panel. It was impossible for it to be impartial and merely interpret the Constitution, as it says it will. The confrontation between Musharraf and Chaudhry has become political, even personal. They point to Chaudhry’s move in reinstating some of the leaders of the radical Red Mosque in Islamabad, and allowing the mosque to challenge Musharraf’s demolition of its madrassa.
These four rulings will show whether the court will supervise a smooth transition to democracy or has taken as its goal the abrupt exit of Musharraf.
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This man is a compulsive liar. He had been deceiving the west by playing buddy with Bush and treating his countrymen like dirt. He pretends to be very sincere but all he cares is his personal well being and to enjoy the luxuries for an indefinte period.
A man imposing Marshall Law against his own Government, shame on him. Even Robert Mogabe is less devious than him.
West must open their eyes and leave double standards. He may be occupying presidents office but he is actually army chief who is waging a war against his own nation. How can he be sicnere with the West?
Javed Malik, London,
Pakistanis should realize that Pakistan is passing through their worst crises in its 60 yrs existence.
The establishment is running the show. The army is part of the establishment but financial institutions also has a say.
Pervez Musharraf is just a name. He is no one without the backing of the establishment. Giving it an ethinic color is not proper.
People should realize that the Balouchistan problem is almost solved as the pockets of terrorism is wiped out.The lal masjid threat is also solved. Every time the Government has shown pateience and given time to the miscreants or the fundamentalist religious activist to restore peace in the country.
The Swat and the suicide bomber issue is threating the very existence of Pakistan.
The opposition leaders should realize that Pakistan is threatened and there is a hint of foreign involvement. Time for unity to save Pakistan.
Syed Ahmed, Dallas, Texas- USA
i think its wrong way and murder of indipendence of judicirey,fundamental righs. we can just pray for pakistan.Musharraf needs to bear the voice of truth.he just says that he respect the court.its just a stament.nothing else.we neet to unite and defend our rights
Hassan khan
hassan khan, Multan, Pakistan
Musharaf take wrong way.i think its murder of judiciery and fundamental rights.Musharaf needs to bear the voice for rights.we can do just pray for paksitan
hassan khan, Multan, Pakistan
A one person imposing his supermacy on 160 million people is unjustified. The power greedy one man alongwith his so called king party killing innocent people and creating anarchy in the country. Every day they not only threaten the people of Pakistan also supreem court, and blame on media for rumor. it is shameful for us as a sovereign indipendent state to get dictate from USA in internal matters. Let the people of Pakistan to decide their own representatives with free and fair election, let all parties to participate in the election and allow all exile leaders to come and participate.
MAK
MAK, Duabi, UAE
The issue is that musharraf is ruling onl on ethnic support from Urdu Speaking people or call it MQM. The support is based on common ethnic origin between the two. There is no political party in Pakistan that supports Musharraf. The "Q" league is not a party but a gang of sycophants who have joined together to rule without a mandate.
Blood hungry Musharraf, killing people of Punjab, Baluchistan Sind (Interior) and NWFP without any remorse in the name of terrorism but when terrorism takes place in Karachi by MQM killing 60 people from other provinces and injuring scores of others, Musharraf turns his face and calls it justified!!!
This General has virtually taken a blood war against all Pakistanis and it's sole purpose is to impose the supremacy of a minority (10%) Urdu speaking immigrants in Pakistan to which he belongs to.
That is why he maintains the only ligitimate political party of Karachi (MQM) in power there. For him the will of people of other Provinces is garbage!!
Nadeem, Sukkur, Pakistan
This is all nonsense. Musharraf didn't worry about the Constitution when he deposed Nawaz Sharif eight years ago. The Pakistani Constitution can be changed without much difficulty to whatever the ruler wants.
Real power rests exclusively with the military and not with any Constitution or Supreme Court ruling.
Stanley Engel, Bangkok,
Pakistan's SC does not need advice on what language it should conduct proceedings in, from Bronwen Maddox.
Public policy no doubt will inform the justices' decision making process and the decision itself.
Sardar Ali Khan, Islamabad, Pakistan
Why worry about Supreme Court ruling. If it is favorable, Gen Musharraf will be democratically elected President or else he will impose emergency and rule! Either way he is going to be the winner!
Regards,
Krishna R. Kumar, Udupi, India
the last paragraph of otherwise very informative article had a sting in it To suggest that smooth transition to democracy depended upon Musharraf being re-elected and giving him a power to grant amnesty to corrupt politicians and bureaucrats, is highly objectionable
there are two aspects which have to be considered
1 was the CEC correct in ruling that holding of office of profit under the constitution did not apply. 2 was Mushrraf qualified at the day of nomination? On the day on which nomination papers were filed Musharraf was still holding two offices it is useless to say that he had promised to relinquish the other office when elected
I believe on the day he filed his nomination papers he was not qualified to do so
Of course Benazir insists that charges against her were politically motivated Money-laundering case against her was not in Pakistan but in Switzerland and Spain
US and the UK think they know best what is good for Pakistan in corrupt politician to do their work
Akram Malik, Gympie, Australia/Queensland
One hopes and prays that the Supreme Court will pass judgements in these cases in accordance with the law,regardless of how their judgements will effect either parties or the political situation of Pakistan.But some remarks by the justices such as that certain action of the court will lead to anarchy,imply that they may take political connsiderations and army power and threat of martial law in to consideration while making their minds.In such situation it will just perpetuate the illegal actions now and in the future.The nation's hope was that this SC will close the door to illegal grab of power by any including the army for ever,but this looks less and less likey.I fervently hope that I am wrong.SC is the only respected organisation left in the country after their recent actions.
zaman, hamden, usa