It has only been in power for two months, but already Pakistans new government has broken a election promise: to reinstate the deposed Chief Justice and other judges within 30 days. That deadline has passed. Instead, the ruling Pakistan People’s Party (PPP) has introduced a diluted constitutional package, and is making vague claims that after certain amendments have been made the deposed judges will be restored. However with the passing of each day the nation is losing faith.
The lawyers are again on the streets along with the deposed Chief Justice and other judges, demanding that the judiciary be restored to its former set up, before the emergency of last November pulled it apart.
On March 9, 2008 coalition parties agreed that the deposed judiciary would be restored within a month of formation of government, but differences between partners on the modalities of the restoration have caused delay after delay. When another “final deadline” – May 12, 2008 has passed, Nawaz Sharifs PML-N party broke away from the coalition in protest. Such squabbling over an issue of such vital importance to the public, and to the future of Pakistan, is troubling.
The governments latest offering — to re-appoint judges with fresh oaths — reeks of intrigue and seems deliberately divisive, and judges have rejected the idea on constitutional grounds. Now, in the new package there are 62 points, only 11 of which were made by the public, and the media reports barely mentions the issue of reinstatement. Allegedly, there is no mention of the deposed judiciary but one line refers to the issue of the “a three year tenure for chief justice proposed”.
Though the law minister continues to assert that after the passage of the 18th amendment the deposed judiciary will be restored, for an issue that had Pakistanis up in arms for months, this seems to be just another weak promise.
The draft is widely believed to contain provisions that will do away with excessive presidential powers, including the authority to dissolve the assembly. The Pakistan peoples party chief Mr. Zardari has given no date for presenting the constitutional package to the parliament, Lawyers and media are of the opinion that the package contains a “minus one” formula meant to quietly erase the deposed chief justice, Iftekhar Choudry, from the new set up.
It is widely speculated in political and media circles are speculating that the decision on restorations has been pushed back at least three more months, and that the issue is on ice. There are a number of reasons for these difficulties. The ruling coalition does not have a two thirds majority in the parliament, which is necessary for the passage of amendments in the constitution. This means that constitutional package will take months to get a two thirds majority and until that time the deposed judiciary will have to wait. Procedure therefore requires that the proposed amendment goes first to the National Assembly (where it takes at least seven days to debate), and then to the Senate where it will take another period of several weeks before it finally lands on the Presidents desk. The president then has the constitutional power to consider the proposed amendment for up to 45 days before making a decision. The amendment will markedly reduce the power of the president, particularly regarding the dismissal of the National Assembly through article 58(2)(B), and his signature will be a tough one to get. Pakistan is on the brink of a new crisis, and without this amendment, while little may have changed.
The government should observe the Murree Decleration of March 9, 2008 with integrity and avoid any further delay in the reinstatement of the deposed judiciary. It should not allow the president to dilute the peoples mandate. These delays are harming the country, polarizing its forces and encouraging tyranny in an already sensitive economic and political climate. The reputation of Pakistans rule of law is under threat from all sides, with incidence of street crime and lynching on the rise, and corruption raging unchecked.
The Asian Human Rights Commission urges the government of Mr. Syed Yousaf Raza Gillani to move for a resolution on the issue of the deposed judiciary during the upcoming session of the National Assembly, which is being called to discuss the national budget in the new fiscal year. Normally, not discussion on any other subject is allowed once the agenda had been announced. However, the government must fulfill the election pledges made to the people of Pakistan. The future credibility of the new government rests firmly on the pledges made to the people that elected it and it would be a terrible start to its tenure to lose the trust of the citizens at such an early stage. The failure in this, the most important of pledges, will be seen as a betrayal of that trust.
