Why President Zardari is not restoring CJ Ifthikhar Chaudhry?

By Nadia Khan

Since then President Zardari didn't fulfil his last promise, with Nawaz Sharif & Muslim League (N), to restore CJ Ifthikhar Chaudhry, it became evident that the only force behind this delay is he, himself, and Pakistan's President House. That was the background when in his party-men meeting he has said that, “I know how to handle lawyers, and see how I will handle them!

Prime Minister, as few media reports indicate that, is almost in favour, like he has ordered in his opening speech to release all house-arrested judges, of a simple National Assembly resolution to restore all deposed judges but he wasn't allowed or heard in this regard.

Primarily at the back of his mind, President Zardari envisioned few points in restoring the judges especially CJ, as per popular demands, like as:

1. Restoration would result in extra enthusiasm, in Farooq Naiek's wording 'judicial activism',  for CJ and he along with his old team, minus Justice Dogar, would take an action against the pending petition regarding NRO or corruption cases of Chak Shahzad farm houses

2. Though President Zardari has his presidential-tenure indemnity against any court case or hearing, however NRO might implicate him after that tenure, which might become shorter than thoughts in any unexpected way

3. The indemnity or a pardoned-like situation, provided to ex-President Musharraf against article 6 of constitution, as he has held it in abeyance twice, or his military actions against Akber Bugti or Lal Mosque, would result in the form of legal petitions, probably from Muslim League (N), would be acted favourably in the presence of CJ Ifthikhar Chaudhry. This might temper his relation with ruling establishment forces and ultimately his confidence level with them

4. The restoration of CJ Ifthikhar Chaudhry would allow him to continue his proceedings against the 'missing Pakistanis' case and it might impact President and US relations, as US authorities, in spite of govt change, wouldn't like to hand over missing Pakistanis to Pakistan or nor in a mood to allow Pakistan judiciary to free them, provided they are not guilty

5. There are chances, CJ Ifthikhar Chaudhry on his last day in Supreme Court has declared 3^rd November act of Pervaiz Musharraf, the then Army Chief, un constitutional, but same was endorsed by de-facto chief justice Hameed Dogar later, that would result in some legal actions against de-facto chief justice or those violated the then CJ of Supreme Court also

6. Last not least, this restoration would result a point-scoring position for Nawaz Sharif over President Zardari, as later has denounced popular demands for over a year. This might impact PPP politically in next elections. Nawaz league could use this opportunity and would allow CJ to act freely against wishes of President Zardari.