Jeremy Page in Islamabad
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The Supreme Court of Pakistan ruled yesterday that President Musharraf could be re-elected while army chief. The decision is a severe setback for an opposition campaign to restore civilian democratic rule.
Six of the judges on a nine-member bench dismissed legal challenges against General Musharraf holding both posts and standing in an election on October 6.
“These petitions are held to be non-maintainable,” Rana Bhagwandas, the presiding judge, announced to a cavernous marble and wood-panelled courtroom packed with lawyers, politicians and journalists.
Opposition leaders and lawyers jeered and pumped their fists in the air after the announcement, climbing on to chairs and chanting “Shame! Shame!” and “Go, Musharraf, go!” Some accused General Musharraf, a key US ally in the War on Terror who seized power in a coup in 1999, of having intimidated the judges into ruling in his favour.
Outside, about a hundred supporters of the opposition Jamaat-e-Islami party chanted anti-Musharraf slogans, blocked a main road and pelted the court’s front gate with tomatoes and rotten eggs. But they were easily outnumbered by heavily armed riot police who have cordoned off most of the centre of Islamabad, the capital of Pakistan, for the past few days.
Ali Ahmad Kurd, a leader of the lawyers’ movement that nominated Justice Ahmed, called for protests today against the court’s decision. “We condemn this in the strongest terms,” he told The Times. “We are sure there was political pressure on the judges.” Javed Hashmi, acting leader of the Pakistan Muslim League (N) party, said that his MPs would resign from parliament to deny the presidential election any legitimacy. “The court’s decision is unconstitutional,” he said.
The ruling removes the main obstacle to General Musharraf’s plans to cling to power despite a significant slump in popularity since his failed attempt to dismiss the Chief Justice in March. It does not, however, mean an end to a political crisis that American and British officials fear is distracting General Musharraf from a campaign against the Taleban and al-Qaeda militants on the Afghan border.
“The war is not over,” said Munir Malik, head of the Supreme Court Bar Association. “It was disappointing. But we will be back.”
General Musharraf has promised to take off his military uniform after he is re-elected next Saturday by the national and provincial legislatures, where his supporters have a majority.
His opponents argued in vain that his dual role was unconstitutional and ruled him out of the election, which they say should take place only after the next parliamentary polls, due by mid-January.
“Justice triumphs,” said Rashid Quereshi, General Musharraf’s spokesman, after the court ruling.
Shaukat Aziz, the Prime Minister, said: “Today Pakistan has crossed an important, indeed critical, milestone in its march towards true democracy.”
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Pakistanis have to protest rather then rely on just the political parties or the judiciary....This Junta is not going to budge till they are "booted" out by people power.
The Lawyer community that lead a successful campain to restore the Chief Justice could be the motivation and example.
Unless the people do not protest in mass, this regime will take that country from one disaster to another.
abrar, Ontario,
This verdict was contrary to the expectations of vast majority of people. No wonder it has drawn severe criticism from the lawyers and people who gathered outside the court.
The judges have now left the door open for any general to grab power in future by invoking 'doctrine of necessity'.
B.A. Solangi, Ilford , UK
He is needed even without a uniform. Nawaz and Benazir will be welcomed only by opportunists and traitors. The prosperity, freedom of speech, progress and development in foreign relations are unprecedented. Who is interested in having leaders who were thrown out after making their country nearly bankrupt. If military and its allied institutions are running Pakistan efficiently then Pakistanis do not need any democracy acting as a destabilizer.
Shiraz, Karlskrona,
"Better Musharaff than a democratically elected Osama Bin Laden disciple. This is inalienable right of people of Pakistan to democratically elect who ever they want even if it is osama bin Laden's deciple."
Very true. Just like the Germans did in the 1930s with Hitler.
They paid the price of that choice with over 9 million German deaths, so don't complain if history repeats itself...
George, Aix-en-Provence,
Pakistan came into being as the result of a democratic movement.Like India,it inherited vibrant institutions from the English at the time of independence in 1947.Perceived insecurity led to weakening and then demise of all its institutions except for the army,which became the greatest vested interest and has ruled the country directly for most of its life and indirectly during the remaining period.Sixty years after independence,exhaustive debate among our greatest legal minds has led to the finding that a serving general who seized power more than seven years ago is eligible to contest election to the office of President in a "democratic"election.
Perhaps the nation has really lost its ability to govern itself.Perhaps the sole purpose of having a judiciary is to find justification for army rule.Perhaps the founding fathers did not know that Pakistan would never be a politically viable state.
Afzal A. Neseem, Lincoln, Nebraska
The job of the Supreme court is to interpret law and make ruling within the framework of the constitution and the law.
The job of the national assembly is to make or amend existing laws. Like the law of death sentence can be abolshid by the assembly and not the Supreme Court.
The Judges hands were tied by the National assembly supported by MMA made the amendment to give president Pervez Musharraf legitimacy.
Th law has nothing to do with aspirations of the people.
syed ahmed, Dallas, USA
Shaffiq Mahmood, Halifax, UK:
Yes.
Judiciary works in our portion of Kashmir and Nagaland.
Pakistan's controlled Kashmir does not have even have a proper democracy. Shias want a separate homeland!
Krishna R. Kumar, Udupi, India
At least a portion of the judiciary should work in Kashmir, considering it is in Pakistan controlled area of Kashmir.
The military has and always will be a integral part of Pakistani administration, democratically elec ted officials will always have to look over their shoulder as to when they could be dismissed if the military does not approve of them.
Sad state of affairs of our friends in the "frontline state in the war against terror"
M George, Houston Texas USA
M George, Houston, US
This carries an eerie resemblance of the Malaysian constitutional crisis in 1988. *goosebumps*
Phoon, K.L., Malaysia
'Does it make any difference? Pakistan has always been ruled by the military. Better Musharaff than a democratically elected Osama Bin Laden disciple.'
This is inalienable right of people of Pakistan to democratically elect who ever they want even if it is osama bin Laden's deciple. Neo Con imperialists like Bush, the war criminal responsible for death of over a million people would off course like to have a poodle in charge in pakistan to do his bidding ,but remember his days are numberd.
Mahmood, London, UK
Does the judiciary work in Kashmir and Nagaland. Indians are in no position to preach.
Shaffiq Mahmood, Halifax, UK
Does the judiciary work in Pakistan? Is it another kangaroo court?
Regards,
Krishna R. Kumar, Udupi, India
Does it make any difference? Pakistan has always been ruled by the military. Better Musharaff than a democratically elected Osama Bin Laden disciple.
Sreedhar.G., Bangalore, India