Why Can't Asif Zardari Restore Deposed Judges?

Usman Khalid

Whatever Asif Zaradri may or may not be, he is not stupid. Why does he keep going back on solemn undertakings and promises made publicly on the issue of the restoration of the judges who did not take oath on the PCO on November 3 last year? Every time the deadline has been missed, the media outcry on behalf of the public may have kept demonstrators off the streets, but it is evident that no one has ever travelled the distance from "˜hero to zero' with such breathtaking speed. That he has a grouse against the CJ Iftikhar Chaudhry, that he wants to deal with all the judicial reforms as a package and other such explanations do not make sense. A few details of the negotiations that have become public reveal two things: 1) the sticking point is that the current CJ "“ A.H.Dogar "“ must not lose his job; and that 2) Rehman Malik is the only person outside the Presidency who knows, why? 

I have been trying to put two and two together and make a guess; but I am sure I know the truth now. What triggered the riddle being solved was an article I read on the Internet written about Benazir, not about the judges. It revealed that General Musharraf, who had been negotiating a deal with Benazir to get her support for five more years as President, was asked to return the favour by appointing Justice Dogar as the Chief Justice before the elections. The messenger who carried Benazir's message to the President was no other than Rehman Malik. When Musharraf promulgated the PCO on 3 November, he told Benazir he was meeting her request. The problem is that Justice Dogar was also told what was happening lest he resigned with the others. Now if he gets a sack because he took oath under the PCO, he will be disgracefully ousted. That is unfair because he may well not have taken the oath on the PCO, if he had not been told that Benazir wanted him as CJ. 

It is probable that Mian Nawaz Sharif was told in Dubai what the real dilemma was. That is why he agreed that the judges, who held office on November 3, might continue in office after the restoration of the judges who refused to take oath. Now the President enters the fray. He gets his counsel "“ Abdul Hafeez Pirzada "“ to be interviewed by Kamran Khan on Geo TV where he outlined the "˜legal lacunae' in the restoration of judges by the process of Murree Declaration. He was offered as an additional member of "˜legal team' that was advising the negotiators. His brief was to facilitate matters so that solution could be acceptable to the President. Predictably, he insisted that the reinstatement of the judges could be easily done by a "˜constitutional amendment' and offered a draft for such an amendment. Asif Zardari bought the idea and tried to sell it to Mian Nawaz Sharif in London. He is under pressure to accept. After all, it is being said, the difference is only in the procedure not the final outcome; all the judges who refused to take oath on the PCO would be restored.

Now the stage is set for a contest in which the President could be the only winner; everybody else is a loser; the PML(N) the biggest loser. What is that plan? A good plan always gives options. Mian Sahib is being given the option, repeated every night by Kamran Khan on Geo TV, that he can either withdraw from the coalition as the MQM and the President wanted all along, or he could eat the humble pie and go along with the Pirzada option. Which option is better? I would not like to be in Mian Sahib's shoes. But what does Mr Zardari want? Clearly, he understands that if PML(N) leaves the coalition he would be completely at the mercy of King Musharraf and the King's men. With Asif Zaradri on side, it is easy to decide. He may not withdraw from the coalition but insist that he would not accept the Pirzada option for the restoration of judges. This is not fudging; this is being responsible.

Pirzada option is planted for the benefit of the President. Since no bill becomes a law without the signatures of the President, if the coalition wants a bill passed to increase the number of judges, the President might refuse until such and such is done. If it is a constitutional package that requires two-thirds majority in the Senate to be passed, the bargaining power of the President is increased manifolds. He might make the MQM joining the Federal Cabinet a condition for delivering passage through the Senate. As long as Musharraf is the President, he will rule; because he knows how to use withholding his assent or signatures. If he gets MQM moles into the federal government, he will get to be in the same position of control as with PML(Q) MQM coalition and a puppet Prime Minister. No wonder Rehman Malik admires the MQM leader so much. He said, "The name of Altaf Hussain would be written in golden letters in the political history of Pakistan." He is being unduly modest; his will be too.

As long as the assent of Benazir to the PCO in exchange for Justice Dogar being appointed the CJ is to be kept a secret, Musharraf would hold the largest party in the parliament "“ the PPP - to ransom. We all know of the saying "˜gurba kushtun ros-e- awwal'. If Musharraf had been impeached immediately upon the assembly having been sworn in, the new administration had a chance to give Pakistan peace and stability to deliberate on decisions and fine-tune them. But it is not too late yet. He can be impeached any day. It is now being realised in the USA and the West that the entire new administration is in a spell of fear of Musharraf. I am sure Mr Zaradri is aware of the damage to his reputation because of public vacillation on the issue of restoration of judges. Having got Mian Nawaz Sharif to agree to keep the judges who were in office on November 3, he should meet him half way and agree to restore judges by an executive order. He should not fear the invocation of Article 58 (2) b of the Constitution. Musharraf is afraid of it even more; the elections to be held in three months would trounce the King's men much more completely than in the last election of 18 February.