Amid the escalating protests by lawyers, civil society and opposition political parties, Pakistan’s top judge, Iftikhar Muhammad Chaudhry was reinstated to the Supreme Court in mid March. After being suspended from the bench for two years, Chaudhry was restored to his position as Chief Justice by Pakistan’s president Asif Ali Zardari. During his suspension, Adbul Hameed Dogaras had been appointed as the de facto chief justice of Pakistan’s Supreme Court.
Different views on his reinstatement
There have been mixed reactions to the judge’s recent reinstatement. While some feel his restoration is a victory for judicial independence, others worry that his restoration could undermine an allegiance between Pakistan People’s party and the Pakistan Muslim league. According to BBC correspondent Ilyas Khan, Pakistan People’s party believe that Chaudhry can only return if he takes a fresh oath of office and admits the legality of 2007 removal. BBC also reports that some feel the former chief justice has already disqualified himself from the position because Chaudhry had engaged in street politics for the last two years. Moreover, Rashid Qureshi, a former aide to former president Pervez Musharraf, argues that Chaudhry’s reinstatement has no legal basis and believes the government just reacted under pressure from the opposition to reinstate him. The army is also averse to his return, given Chaudhry’s past investigations into alleged human rights abuses committed by Pakistan’s military.
Why he was dismissed
The chief justice’s dismissal was triggered by then President Pervez Musharraf, who feared Chaudhry and the other Supreme Court judges would challenge the legality of his re-election in the 2007 elections. Reuter’s correspondent, Simon Cameron also reports that Musharraf feared Chaudhry would make him stand by a constitutional requirement to abdicate his position as army chief during his presidential bid. In November 2007, Musharraf declared a state of emergency and dismissed Chaudhry after he refused to take a fresh oath of office. Aside from challenging Musharraf, Cameron reports that Chaudhry’s suspension could have been prompted by his involvement in some sensitive political cases. Specifically, his hearing of cases involving missing persons picked up by Pakistan’s military and intelligence services. According to New York Times reporter Jane Perlez, Pakistan’s security forces have been holding civilians without charges since 9/11 on the basis they might be involved in terrorism.
Who will be affected by his return?
Despite the warm welcome by the opposition party, Chaudhry’s return may have a detrimental effect on Zardari’s presidency. According to BBC correspondent, Barbara Plett, Chaudhry could overturn the amnesty that allowed Zardari to return to Pakistan last year. Upon his return from exile, Zardari, the widower of Benazir Bhutto led Pakistan’s People’s Party to victory by winning the presidential elections. Chaudhry’s reinstatement could also negatively impact former president Musharraf. Returning to the bench, the judge has the authority to bring charges against the former presidents for his suspension of the constitution in 2007. Additionally, the judicial bench may face a reshuffling, as Chaudhry decides what to do with judges appointed by Zardari during his two year hiatus.
Since his reinstatement the judge has kept a fairly low profile. Salman Masood, a New York Times correspondent reports that Chaudhry has declined Zardari’s requests to attend a couple of government functions. Yet, Chaudhry has been somewhat active appointing a five member bench to hear the case of opposition leader Nawaz Sharif and his younger brother, Shahbaz Sharif. Earlier this year, the brothers were banned from running for public office in the Punjab province. However, the newly appointed bench suspended the ruling and Shahbaz has returned to his post as Chief Minister in the province.
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