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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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Full Name: Noman Zafar
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Judiciary row hits Pakistan's frail coalition

Matt Wade, South Asia Correspondent
May 14, 2008
 

IN Pakistan food prices are spiralling, the currency is on the slide, cities face constant power cuts and suicide bombers lurk. But it has taken a dispute over the reappointment of judges sacked last year by the President, Pervez Musharraf, to paralyse the country's fragile new government.

The Pakistan Muslim League, the second-largest party in the ruling coalition, withdrew its nine ministers from the 24-member cabinet on Monday over the government's failure to reinstate about 60 Supreme Court judges, including the chief justice, Iftikhar Chaudhry.

The league's leader, former prime minister Nawaz Sharif, said the restoration of the judiciary was "the most important issue in the 60-year history of the country".

Even so, Mr Sharif has stopped short of leaving the coalition Government, saying that would only strengthen the position of the President who remains in his post despite a series of setbacks.

A new finance minister will have to be sworn in to deliver a crucial national budget next month. But Asif Ali Zardari, the leader of the Pakistan People's Party which leads the coalition Government, said the other cabinet posts left by the league would remain vacant in the hope the dispute will be resolved.

The league's decision followed weeks of negotiations between it and the PPP on the judges issue. Mr Sharif and Mr Zardari met in London over the weekend for last-ditch talks. Prior to that, they had met in Dubai. However, the distant venues failed to break the deadlock which has plunged the fledgling Government into chaos less than three months after hopes were raised by relatively free and fair elections.

Mr Sharif has campaigned stridently for the complete restoration of the old judiciary and said the PPP had broken a commitment to support the move.

"We made a promise to the nation, we couldn't fulfil it, so we are quitting the cabinet," he said.

The PPP says it also wants to reinstate the judges but as part of a larger package of constitutional amendments. The bid to restore the sacked judges has also been complicated by legal and constitutional problems over what to do with the new judges appointed by Mr Musharraf.

While Monday's events were a blow to the Government, analysts said the league's decision only to leave the cabinet, not the Government, suggested it was a tactical move to pressure PPP to act on the judges issue. There is still scope for a compromise.

If the sacked judges are reinstated they may revive a challenge to the legality of Mr Musharraf's presidency and trigger more political turmoil.

After a year of upheaval and violence, the PPP said there needed to be a sustained period of stability to allow the government to consolidate its position and respond to the country's economic and security problems.

"We need to be sure that we don't plunge Pakistan into another constitutional crisis," Sherry Rehman, the Information Minister and PPP member, said.

Critics say the PPP is stalling to protect Mr Musharraf at the request of the United States which continues to consider him as a key ally in its fight against terrorism.

Amid the political ructions, Pakistan has been readmitted to the Commonwealth after it was suspended following Mr Musharraf's declaration of a state of emergency last November.

The failure to restore the judiciary is likely to anger Pakistan's "lawyers movement" which has staged a lengthy campaign of demonstrations in support of the sacked judges.

But while the judges issue is resonating among Pakistan's "chattering classes", millions of poor families are being hit hard by Pakistan's growing economic problems, especially inflation.

â–  The meeting of the Commonwealth Secretariat in London on Monday, which agreed to readmit Pakistan as a full member of the Commonwealth, also decided to maintain Fiji's suspension from the body.

Former Prime Minister Nawaz Sharif, centre, waves to supporter as he leaves after filing his nomination papers at a local court for the upcoming by-elections in Lahore. Ministers from the party of Sharif submitted their resignations from Cabinet on Tuesday, shaking the fragile coalition government that took power just six weeks ago.

Former prime minister Nawaz Sharif addresses a press conference in Islamabad on May 12 announcing his party's decision to quit the six-weeks old coalition. The country now faces a new political crisis after Sharif's party ministers quit the cabinet over the reinstatement of sacked judges.


Nawaz Sharif
Nawaz Sharif says he cannot compromise on the judges issue

Former Pakistani Prime Minister Nawaz Sharif is pulling his party out of the new government. The BBC's Syed Shoaib Hasan in Islamabad looks at why and what happens next.


The Pakistan Muslim League-N decision to quit the cabinet has been on the cards for a while.

So when the party's nine ministers handed in their resignations on Tuesday it did not come as a surprise.

The biggest party in the cabinet is the Pakistan People's Party (PPP). Its leader is Asif Ali Zardari, widower of Benazir Bhutto.

Since the PPP and the PML-N trounced President Pervez Musharraf's allies in February's general elections, Mr Zardari and Mr Sharif have appeared to enjoy an excellent relationship.

And Tuesday's cabinet split may not be as dramatic as it appears.

Mr Sharif says his party will continue to support the government from the backbenches, rather than join the opposition.

Meanwhile, Prime Minister Yousuf Raza Gilani is refusing to accept the resignations until Mr Zardari returns from abroad.

But the question on everybody's mind is whether Mr Sharif's move is just the end of the political honeymoon or if it marks the end of the young love affair between the two parties altogether.

Full powers

Mr Sharif's decision, as he has made clear to journalists, is based on a single point agenda.

This is the reinstatement "with full powers and privileges" of some 60 judges sacked by President Pervez Musharraf when he declared emergency rule on 3 November, 2007.

President Musharraf
President Musharraf is said to be looking for a dignified exit

President Musharraf had accused them of interfering in executive matters and making the running of his government "impossible".

But many here feel his decision was more to do with his own political survival. The top judges were set to rule on the validity of Mr Musharraf's re-election as president.

Emergency rule proved disastrous for the president.

In the ensuing domestic and international pressure he had to lift the emergency and finally fulfil his promise to step down as army chief and become plain Mr Musharraf.

And then his allies took a hammering at the polls.

Many felt that it was a matter of weeks before President Musharraf stepped down or was forced out.

He had placed the judges under house arrest. The first thing the new prime minister did was to reverse that.

All, it seemed, was at an end for President Musharraf.

But subsequent events have shown that he still has a few cards to play.

Exit plans

"That President Musharraf has to go is a given... what he wants is what he calls an honourable exit," explains one analyst. "This means leaving at a time of his choosing rather than being forced out."

The 1999 coup in which Gen Musharraf overthrew Nawaz Sharif
The 1999 coup in which Gen Musharraf overthrew Nawaz Sharif

In this, observers agree, he is backed by the army and his key Western allies, particularly the US.

But if the judges are reinstated with all the powers they had before the state of emergency, that could scupper Mr Musharraf's hopes of a dignified exit.

If they were to rule his re-election invalid and his state of emergency unconstitutional, he could face impeachment and even prison.

It is unlikely that the army, still the most powerful institution in the country, would allow that to happen to one of its former leaders.

Moreover, the United States and other Western countries still see Mr Musharraf as a necessity in Washington's self-declared war on terror.

Prison fears

But the strongest objection to the "full restoration" of the judges comes from Asif Zardari and the PPP.

Asif Zardari
Asif Zardari is covered by a controversial amnesty

It has its roots back in the days - not so long ago - when President Musharraf and Benazir Bhutto were working on a power-sharing arrangement that would have sidelined Nawaz Sharif.

In October President Musharraf signed a controversial amnesty that, in effect, cleared Ms Bhutto from a number of corruption charges, but left Mr Sharif still facing prosecution.

Many other PPP members, including Mr Zardari, benefited from the amnesty.

But the Supreme Court judges, before their November sacking, had said they would examine whether the amnesty violated the constitution.

So, if they get their jobs back with full powers, Mr Zardari and other members of the top tier of the PPP could end up behind bars.

Horrible replay

That hasn't stopped Mr Zardari's coalition partner, Mr Sharif, from continuing to push for the judges' "full restoration".

Beggars in Islamabad
Poverty is a growing problem

He says he has no choice as he was given a mandate by the people in the February elections in which his party did much better than expected.

"How can we go back on our word when every PML-N candidate made the restoration their first election pledge?" he asked on Monday.

But is it just a question of honouring the wishes of the voters? The reason, many feel, is Mr Sharif's animosity towards President Musharraf.

In 1999, the then General Musharraf, overthrew Prime Minister Nawaz Sharif in a bloodless coup. Mr Sharif and his family were subsequently exiled.

In public, the PPP are making light of Tuesday's cabinet split, with party members describing it as a minor complication that will soon be resolved.

And Mr Sharif says his party will support the government on an issue-by-issue basis.

But this may be bad news for the wider population which cares less about political alliances and more about sorting out more pressing problems, not least the deteriorating economy.

The sight of leaders fighting while problems are unsolved looks like a horrible replay of previous episodes of democratic rule in Pakistan.

The country could be set for an increasingly fractious relationship between the right-wing, urban PML-N and the leftist, rural PPP.

Already some political analysts are predicting dates for early elections.

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