The new Pakistan coalition government is at present facing a major hurdle before moving further owing to difference of opinion over the restoration of Supreme Court judges sacked by President Pervez Musharraf when enforced a state of emergency in November last year.
The month-old alliance between the onetime rival Pakistan Peoples’ party (PPP) of slain leader Benazir Bhutto and Pakistan Muslim League (N) in the leadership of Nawaz Sharif has been facing difficulty in coming to a common result as a month long deadline on resolving the dispute ended on Wednesday.
Reportedly talks are on between the PML-N leader Sharif and PPP leader Asif Ali Zardari who were in Dubai Wednesday. Both parties with a parliamentary resolution were agreed to restore dozen of judges who were forced out by Musharraf in November last year.
However, difference arises when PPP insisted the reinstatement of the judges, including former chief justice Iftikhar Muhammad Chaudhry via a constitutional package that includes plans for judicial reforms. Sharif though intended to keep both constitutional reforms and judges’ reinstatement, however, has expressed hope to discuss it in entirety.
PPP however pressing on constitutional changes by limiting the tenure and power of chief justice, as if the chief justice reinstated then he could take fresh challenges to Musharraf and PPP would not want to destabilize the position of Pervez Musharraf who is a strong ally of US and UK in the so-called war on terror.
Zardari also linking the recall of Chief Justice might put him at risk if CJ discard his deal with Musharraf, which has cleared him from corruption charges.
On Musharraf’s side restoration of those 60 judges to Supreme Court, who were earlier removed by him under emergency might pose major challenge and can even move towards his impeachment. However, as far as Pakistan government is concerned failure to settle this dispute could break the coalition.
On Sharif’s part an unconditional restoration of judges would help the apex judicial body in declaring Musharraf’s act of emergency unconstitutional and hence his impeachment. Pakistan legal community no doubt voice for the same who had earlier boycotted the election.
As restoration of judges holds much importance in terms of overall political system and common people at large, the international human rights body – Amnesty International has also voiced concerning an independent judiciary. Amnesty has urged Pakistan government and the present parliament to formulate a mechanism to appoint judges and make them free from any influence.
‘The restoration of the judges is an essential step toward ensuring an independent judiciary and without which the human rights situation will remain bleak in Pakistan,’ said Amnesty International in a press statement.
"Judges are in a unique position to challenge human rights policies, overturn abusive laws and protect individuals from violations."
"Unless all deposed judges are reinstated, future presidents and military leaders may feel justified in removing judges whenever they are unhappy with courts’ decisions," it further added.
On 3 November 2007, when Supreme Court was about to question the validity for Musharraf’s another term of Presidency while serving the Chief of Army, President Pervez Musharraf imposed emergency rule and removed about 60 judges from the Supreme Court and High Courts.
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