Adil Najam
ATP has closely followed, what is now called the “Judicial Crisis”, carefully and with grave concern from its very beginning. We have been sad when things went wrong, been elated when they things went right, and rejoiced at the democratic sentiment that has often been expressed through this movement. In all cases, we have struggled to find the deeper meaning in all of this for the future of politics in Pakistan.
We have remained quiet on this in recent days, not because we have lost interest - far from it, we have been glued to the news on this - but because it has not at all been clear what is really happening and where things are really going on this issue. There is too much “noise’ and not enough “signal” in what is being said or heard about the issue.
The news today seems unambiguous. But one is really not sure if it is. Supposedly, the PML-N leader Nawaz Sharif has proclaimed that a resolution will be tabled on May 12 for the restoration of the judges who were removed and an agreement to this effect has been reached with the PPP and the other coalition partners. We certainly hope it is so.
But details on exactly how the restoration will happen and what the “package” will be, remain sketchy. To be fair, that has to be so at this stage. But, also to be fair, given the roller coaster ride we have all been through, we are going to hold our breath on this for just a little longer. At least till May 12. To find out clearly and in detail what this means, for whom, and how. We hope for the best for the country. But we will keep our fingers crossed. At least for now.
According to The News, this is the situation:
The resolution in connection with judges’s restoration will be presented in the Parliament on May 12, said PML-N Chief Nawaz Sharif here on Friday. Addressing a meeting of Central Working Committee, Nawaz Sharif said agreement with Pakistan People’s Party Co-chairman, Asif Ali Zardari has been reached on judges reinstatement and the deposed judges will be restored on May 12 through a resolution to November 2 position. Nawaz Sharif said he tried to convince Asif Zardari during Dubai talks that they should stay united to keep the military away from politics. “I also made it clear that if judges are not restored the PML-N would no longer by part of the cabinet,” he added. He proposed to PPP Co-chairman to strike down seventeenth amendment of the Constitution and to impeach the President Pervez Musharraf. He said a 5-member committee comprising Aitezaz Ahsan, Khawaja Haris, Fakhruddin G. Ibrahim, Hafeez Pirzada and Mian Raza Rabbani will give final shape to the draft resolution for judges’ restoration. The committee will complete its working on constitutional package in the next four to five days, Nawaz Sharif informed.
The Associated Press, however, starts its story a little differently:
Pakistan’s leaders have set May 12 as the date to restore judges ousted by President Pervez Musharraf, a top official said Friday, further threatening Musharraf’s already diminished grip on power. Restoring the judges has been a top priority for the two main parties in Pakistan’s month-old government, but disputes over how to bring the judges back had threatened to break up the ruling coalition. After marathon talks in Dubai this week, coalition officials finally came to a deal.
It does seem that the Associated Press is showing more hesitancy than Nawaz Sharif actually did. Maybe, because they also quote some others who are less sanguine about what may or may not happen on May 12:
Sheikh Rashid Ahmad, a former minister and prominent Musharraf ally, predicted the coalition’s plan would run into legal problems. A constitutional amendment was required to reverse Musharraf’s purge of the courts, he said. “Forget the judges. Even a low-ranking official cannot be restored by such a resolution,” Ahmad said.
… Bringing the judges back bodes ill for the unpopular president, who seized power from Sharif in a 1999 military coup. The judges could also revisit Musharraf’s disputed re-election. Even if they don’t, some argue the humiliation of the judges returning could prompt Musharraf to resign.
Musharraf would have to be “absolutely shameless” to continue as president if the judges come back, said Khawaja Asif, a key Sharif aide. He said Musharraf also risked impeachment. The coalition parties have been trying to turn the tables on the president since they routed his supporters in February elections on an anti-Musharraf platform.
The PPP, led by Asif Ali Zardari, the widower and political successor of Benazir Bhutto, wanted to link the restoration of the judges to a broader package of judicial reforms. But Sharif had urged the restoration be kept separate. Sharif said Friday that the package was still no more than a set of “proposals” and that the parties legal experts would continue to work on it. The reforms could crimp the tenure and powers of Chaudhry, who had shown an unusual degree of independence in the past, including probing complaints that Pakistan’s spy agencies were holding opposition activists secretly.
Musharraf had accused Chaudhry of corruption and conspiring against Pakistan’s gradual return to democracy. Zardari, meanwhile, has said Chaudhry and other judges were “playing politics” and failed to deliver justice to him during the years he spent in jail on unproven corruption charges. Sharif said he would never accept Musharraf as president even if he agreed to give up his power to dissolve the parliament — another key target of the ruling coalition. “We will not accept him even if he accepts everything,” he said. “His illegal and unconstitutional status cannot change until he gives up his office.”
Meanwhile, the news in general is a welcome one. It shows progress and in the right direction. Lets all keep an eye on where things go from here.What is clear, however, is that the saga is far from completed. ATP - like the rest of Pakistan - will keep watching with interest.
Adnan Sahib,
App mazaq acha kar laytain hay..so please take following in mazaq sense and larayee na karain mujh say..agay he Midwest (US) main May main bee sardee par rahee hay tu mood off hay
If it is real ‘ghaltee’ than PCO-tainted, Dictator Stained Ifti should say so .. though I dont think it is ghaltee..
you do mistake once, may be twice..
4 times in a row..give me another break please ..
He should do a qum say khitab and say ” I, as part of SC, ditched constitution 4 times in a row and sided with dictator”
Ham Pakistani log sada di hayn…maaf kar dain gay..Frenchs kee tarah opper naheen chara dain gay..
or haan agar maaf karna hee hay tu Mushy ko bhee chance dain dain..us nay bhee tu aek hee ghaltee kee hay..aur kaya keya hay us nay
I don’t know how do you know that Allah mian nay Ifti ko maaf kar deya ho ga ?
aur haan, in your quoted verse, Momin was reffering to ‘that whole my life I loved many women, at the end how can I marry just one”..he used Butan and Muslims as tashbees
Just like you know that Allah mian nay ifti ko maaf kar deya ho ga, I know that Momin meant what i stated above
@Mani,
How could it be possible for you to just forget,
MQM’s “sunehra “period of terrorism, assassinations
of tens of thousands of Urdu speaking on the Karamati
orders of their own Pan-kay-pattay-ka-Pir-e-dilgir.
come on, give us a break !!
” Pan khaiay saiyyan hamar
Hai, hai, malmal ka kurta
Hai, hai, london ka kurta aur
Kurtay pay cheent laal laal ”
Yaddasht bahal kijiay, isabghol ka chilka kha’ieay
Huzoor !!
Are we saying I can ditch constitution once and then become Naik , Pak daman again ? beats me..
Sir ji Itna ghussa na Karain. Chudhary saab ko tu Shayed Allah ney b maaf kardia ho par aap jaisa anti-Iftikhar anasir chudhary saab ko maaf karna ko tayyar he nahi. Ye kaha likha hay k Banda ghalti k baad sudhar nai sakta ya bhatka huwa banda sahe nai hosakta.. Sir ji agar aap jaisey Hamary Rasool(SAW) hotay tu Omar(RA) aur Abu Sufiyan(RA) Kaafir he mar jatay.
apnay geyriban mey jhankiye.. aap ko boht gandagi nazar aye gi aur pata nahi aap ki kitna ghaltian aap k logoun ney maaf ki hongi. Ab Momin ney munzarja bala shair apni hiqamat k wajah se kahdia tu iska matlab ye nai k wo danish mandi ka mozahira kargaye thay..
Omar tu Sari Kati Ishq-e-Butan mey Momin
Akhri Waqt mey kia Khaak Musalman Hongay.
Every non-issue is an issue in Pak! Iftikhar Ch who validated the coup of Mush is now an angel! how dirty can politics be!i guess Mush and Iftikhar should both be tried for treason arson and sent to gallows! they are responsible for hundreds of deaths! With a single move PML N and PPP could have sent Mush back home but they dont have balls for it reason American pressure! No definitive foreign policy leads to this! I respect Benazir for her stance but partly shes responsible for this mayhem she should have sided with democracy and not the military just to get her husband and herself out of cases!with so much corruption still ppl vote for u what are they afraid of? And what did mush attain after 1999 speech that he made? just tht he created some goons called PML Q? and still we shout “This is new Pakistan” “Election slap on the face of Mush” makes me laugh!
My understanding is that per resolution, Iftikhar will be just made part of SC but not as CJ, he will retire in 2010.
I think Dogar, who also took oath under PCO, was made CJ on recommendation of Benazir so that Dogar wont create issues for Benazir and Zardari.
However, why we all don’t notice this thing:
PCO-Tainted Retired Iftikhar took oath under Musharaf’s PCO (when Mushy did coup). After that he , Bhagwandas and others validated Mushy’s dictator rule 4 times..and now we have all this ho ha that they are Leaders for Justice..give me a break.
Are we saying I can ditch constitution once and then become Naik , Pak daman again ? beats me..
You cannot use pretext that many people come to street as equivalent to Morally or Legally Right!!!!!!!!!! This was just elite lawyers’ self serving movement that is why Millions didn’t come to street!!!!!!!!
If he is restored, it will set precedent that, any Judge can take oath under PCO under dictator and then when democracy comes back he will still be in Power.
If we all want right precedent, then all Judges (SC + provincial courts) who took oath under PCO since Mushy did coup, should be sent home.
New judges should be appointed ..
This is real precedent. Any legal scholar knows that what does a precedent can do in court! Did we forget “Doctrine of Necessity precedent ?
On other hand, Mushy said that he will block this by executive order.
Now this is interesting,
What practical instruments (Army, Police) PM or SC have to remove Justice Dohar or Mushy from court by force ?
Army, even though Gen Kayani is not meddling into political affairs, it would be difficult for him to move against Mushy by force becuase Mushy is still C-n-C.
Police, culturally, they don’t have that much courage to remove President by force…they will be faced by elite SSG and elite police squad including President’s body guards ..
Contrast with US, Legislature/ SC can tehcnically move against Executive but they have to go through US AG’s office..which is executive itself
So most of they time they avoid this and try to compromise behind the doors.
I may be exaggerating but it may well happen.
Meanwhile, dark side of democracy is showing its face..people are suffering by high food prices, power shortage as PM top priority is to restore PCO-tainted judges..
(This doesn’t mean that Democracy is not good, but in Democracy to gain Access to legislature, or change priorities of elected officials one has to do immense efforts to lobby..without lobby, it is very difficult to get anything done in democracy)
To say the least:
Beware! This is GHUNDA Raj. Anything is possible with Zardari. I think the people of Pakistan are waisting their time wondering about the restoration of judges. Nothing will happen. The new judges are puppets to Zardari and Musharraf. The judges before November 3 if restored will kick out Musharraf as well as the corrupt Zardari. So it is in the best interest of the two to leave things alone! I feel sorry for the entire nation who have trusted Mr. 10 percent and his party to bring justice and freedom !
fazila
To say the least:
Beware! This is GHUNDA Raj. Anything is possible with Zardari. I think the people of Pakistan are waisting their time wondering about the restoration of judges. Nothing will happen. The new judges are puppets to Zardari and Musharraf. The judges before November 3 if restored will kick out Musharraf as well as the corrupt Zardari. So it is in the best interest of the two to leave things alone! I feel sorry for the entire nation who has trusted Mr. 10 percent and his party to bring justice and freedom !
fazila
This country went down the tubes when article 260 cl-(3-B) was added to the constitution. That single act rendered all “nizams” dysfunctional. Get rid of this amendment, or keep banging your heads against the wall as nothing will change, convicted criminals and corrupt pigs (mullas, politicians) will create havoc and lead the ignorant masses astray…