NEW YORK, NOV 4 - President Gen Pervez Musharraf, anticipating that the Supreme Court may
rule
against his Presidentship in uniform, decided to
preempt their moves by declaring martial law Saturday.
According to several Pakistani-Americans, the General
pulled the rug from under the feet of the "erring judges"
of the 11-member bench which was hearing cases
against him and was to give its verdict coming week.
"They were sure to rule against him",
said Jalal Ahmed, a Pakistani-Canadian working in the USA.
It does not abode well for the country, said another Pakistani expatriate
based in New Jersey.
With the declaration of martial law,
Chief Justice Iftikhar was sacked (again) and replaced by a
pro-Musharraf judge Dogar. The outgoing Justice was first
sacked on March 9th, but reinstated
when fellow judges by a unanimous vote ruled that the
removal was illegal. Things have never been
the same since then.
The commando president and the judiciary has been on a
collision course for a year now.
Lately, as the General said in his TV
address today, "judicial activism" was taxing the nerves of
the executive and the army - crossing their paths. But the public disagrees,
according to independent and media reports monitored here.
International reactions have also been damaging. His latest
political ally Benazir Bhutto also appears to be jumping the
fence even though many think she is complicit. Some say
the US gave its nod in private even though in public its
statements are otherwise.
American officials did not condemn
the martial law - EU and some other countries however did. The
US administration instead said they were "deeply disturbed" and hoped that
elections would be held "on time", "free and
fair", and that Musharraf would doff his
uniform prior to taking oath as President again.
The Washington administration wants Musharraf to
continue at the helm of Pakistan's affairs but have at the
same time persuaded
him to shake hands with Benazir Bhutto, who the West
considers being still popular in the country, and a secular,
modern political leader with whom they can work with. Bhutto
has acquiesced.
According to
Teresita Schaffer, an expert on Pakistan at the
Center for Strategic and International Studies in Washington,
there was not much the United States could do,
calling Musharraf’s action though “a big embarrassment” for
the Bush administration. "I don’t really see any
alternative to continuing to work with him", she said.
But Pakistan's newly "independent judiciary" felt otherwise.
As soon as Gen Musharraf proclaimed martial law, the top
judge including seven others unanimously issued an symbolic
order calling the move illegal, unconstitutional and directed
officials not to comply.
Anticipating something
unusual, several judges including the Chief Justice,
remained in the Supreme Court till late afternoon today, Saturday - a day
when the court never assembles. It otherwise would not have
been possible for them to pass the order making the
proclamation of emergency by Gen Musharraf
"illegal", wrote Dawn.
“We feel that the government has no ground or
reason to take extra-constitutional steps, particularly for
the reasons being published in newspapers that a
high-profile case is pending and is not likely to be decided
in favor of the government, although the matter is still
pending,” the order said.
Headed by Chief Justice Iftikhar Mohammad Chaudhry, the bench that handed down the
unanimous two-page order consisted of Justice Rana
Bhagwandas, Justice Javed Iqbal, Justice Mian Shakirullah
Jan, Justice Nasirul Mulk, Justice Raja Fayyaz and Justice
Ghulam Rabbani.
It was an unprecedented move.
Appointment of the chief justice or judges of the Supreme
Court or chief justices of the high courts under the new
Provisional Constitutional Order (PCO)
would be unlawful and without jurisdiction, the order said.
The Supreme Court also that the PCO had been
promulgated to enable the government to administer a fresh
oath to the chief justice and judges of the court so that
favorable judges could be appointed.
Copies of the order were sneaked out to the awaiting newsmen
outside the court premises in Islamabad. The order came on
an application of Supreme Court Bar Association president
Barrister Aitzaz Ahsan. The application was fixed for Monday
to be taken up by a full court.
Overturning the PCO, the order restrained the Chief of Army
Staff, corps commanders, staff officers and other civil and
military officers from acting under the decree.
The judges also restrained President Gen Pervez Musharraf
and Prime Minister Shaukat Aziz from taking actions contrary
to the independence of the judiciary and asked the judges of
the Supreme Court and the high courts, including their chief
justices, not to take oath under the PCO or follow any
other extra-constitutional step.
Chief Justice Iftikhar Chaudhry however stands sacked
and Justice Dogar has been inducted
as the new Chief Justice.
Justice Iftikhar and some other judges
who refused to take oath under the new PCO were placed under
house arrest shortly after the seven-member bench declared
the proclamation of emergency unconstitutional, sources in
the police department told Dawn.
Justice Chaudhry had earlier been told by the government
that his services were no longer required and was escorted
back to his home.
He returned home in his official car carrying the chief
justice flag, along with the official motorcade. Alighting
from his vehicle, he looked calm and composed and was
greeted by his personal staff, said Dawn.
His home was later surrounded by personnel of the Islamabad
police, Punjab Constabulary and intelligence agencies. The
road leading to judicial colony had been blocked since
evening.
A constitutional expert, who wished not to be named,
according to newspaper report, said
the oath taking of the new chief justice was illegal because
the PCO was struck down the moment it was issued. More than
seven judges of the Supreme Court were required to reverse
the restraining order, he said, adding that to the best of
his knowledge only four judges were available in the capital
till late Saturday night.
But the newly appointed Chief Justice Abdul Hameed
Dogar declared the verdict by the seven judges against the
emergency null and void today. Supreme Court judge Khalil
Rehman Ramday, who was part
of an 11-member bench that was due to rule in a few days on
the legality of Musharraf's victory in his controversial
presidential election last month is under house arrest in
Lahore.
In July Ramday headed a panel of judges that overturned
Musharraf's suspension on misconduct charges of the
country's chief justice, Iftikhar Muhammad Chaudhry.
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