Highlights
– PPP and PML-N agree to reinstate judges on May 12, 2008
– Lawyers threaten to launch fresh protests if the coalition imposes term limits on the Supreme Court chief justice
– Coalition government unlikely to dissolve in the near-term
On May 2, 2008, Pakistan Muslim League – Nawaz (PML-N) leader Nawaz Sharif announced that Pakistan’s ruling coalition had reached a consensus concerning the reinstatement of the Supreme Court judges, deposed by President Pervez Musharraf in November 2007 (Previous Report). The PML-N and the Pakistan Peoples Party (PPP) had missed their self-imposed 30-day deadline on April 30, 2008, due to differences concerning how the judges should be reinstated. Nevertheless, both parties have confirmed that these disparities have been resolved.
Although the ruling coalition claims the judges will be reinstated on May 12, 2008, ongoing differences between the two main parties may undermine the proposed resolution. Additionally, the longer it takes the new government to reinstate the justices, the more likely it becomes that the lawyers will renew protests against the government.
Zardari Remains Silent
Former Prime Minister (PM) Nawaz Sharif and PPP chairman Asif Ali Zardari concluded two-day long talks in Dubai on May 1, 2008. A day later Sharif announced the coalition government had reached an agreement on how to reinstate the Supreme Court judges, despite several key differences. The PPP promoted a constitutional package that would set a retirement age and term limit for the chief justice, while the PML-N wanted the judges to be restored through an executive order after Parliament passes a resolution.
Although specific details of the compromise were not released, Sharif told a news conference in Lahore that the deposed judges will be restored on May 12, 2008 because he is confident the National Assembly will approve the resolution the same day it is proposed.
Unlike Sharif, Zardari has yet to make a public statement regarding the recent agreement. Zardari spent eight years in jail in Pakistan and has been reluctant to reinstate former Chief Justice Iftikhar Muhammad Chaudhry due to several charges of corruption against Zardari that have recently been dropped by the new court.
Lawyers Reaction
Large-scale demonstrations led by lawyers in the months after Musharraf deposed the judges subsided after the new government was elected in February 2008 and the coalition pledged to reinstate the judges (Previous Report). However, as the 30-day deadline expired and the reinstatement has been prolonged another two weeks, the lawyers have pledged to renew demonstrations demanding the restoration of the judges and the removal of President Musharraf.
On May 3, 2008, lawyers boycotted courts in Lahore for one hour and staged a hunger strike to demonstrate their continued discontent. Two days later the Pakistan Bar Council announced plans to meet, warning of intensified action if a constitutional package against the independence of the judiciary was passed. Along with the three-year term limit for the chief justice, the lawyers are protesting the proposal to reinstate the old judges but also keep the new judges, appointed by Musharraf. The plan would increase the Supreme Court from the constitutional limit of 17 to 27, potentially leading to two chief justices.
Future of the Supreme Court
Soon after Sharif’s announcement, a smaller party within the coalition, Jamiat-e-Ulema Islam (JUI-F), assured the PPP that they would support the move to reduce the tenure of the Supreme Court chief justice; however, JUI-F chief Maulana Fazlur Rehman felt fixing a deadline for the reinstatement of the judges was a mistake. Faz expressed doubts that the judges will be reinstated by May 12 due to the process of constitutional and legal requirements.
While the move to institute a three-year term limit for the chief justice will greatly anger the lawyer community, the coalition government is unlikely to change this point in the near-term. PML-N leaders have recently expressed a desire to compromise with the PPP rather than jeopardize the coalition government and empower Musharraf. The reinstatement of the judges could possibly lead to the impeachment of Musharraf, since they were deposed days before a ruling that could have proclaimed his run for president unconstitutional (Previous Report).
The differences between the PPP and PML-N will likely hinder the efficiency of the coalition government; however, the coalition is unlikely to dissolve in the near to mid-term due to a shared disapproval of Musharraf and his allies.
