Identifier
Created
Classification
Origin
07ISLAMABAD1456
2007-04-02 14:18:00
CONFIDENTIAL
Embassy Islamabad
Cable title:  

CHIEF JUSTICE UPDATE

Tags:  PGOV PK PREL 
pdf how-to read a cable
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PP RUEHDBU RUEHLH RUEHPW
DE RUEHIL #1456 0921418
ZNY CCCCC ZZH
P 021418Z APR 07
FM AMEMBASSY ISLAMABAD
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RUEHDBU/AMEMBASSY DUSHANBE PRIORITY
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RUEHLO/AMEMBASSY LONDON PRIORITY 5396
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0660
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RUEHNT/AMEMBASSY TASHKENT PRIORITY 2904
RUEHKP/AMCONSUL KARACHI PRIORITY 5387
RUEHLH/AMCONSUL LAHORE PRIORITY 1913
RUEHPW/AMCONSUL PESHAWAR PRIORITY 0202
RHEHNSC/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEHC/SECSTATE WASHDC PRIORITY 8124
RUEHNO/USMISSION USNATO PRIORITY 2100
C O N F I D E N T I A L ISLAMABAD 001456 

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/02/2017
TAGS: PGOV PK PREL
SUBJECT: CHIEF JUSTICE UPDATE

Classified By: Charge Peter Bodde 1.4 (b) and (d)

C O N F I D E N T I A L ISLAMABAD 001456

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/02/2017
TAGS: PGOV PK PREL
SUBJECT: CHIEF JUSTICE UPDATE

Classified By: Charge Peter Bodde 1.4 (b) and (d)


1. (C) Summary: The Supreme Judicial Council deciding the
fate of Chief Justice Iftikhar Chaudhry is scheduled to meet
again on April 3. Islamabad police are planning for a
possibly large demonstration that day, but public interest in
the Chief Justice controversy has declined markedly during
the last week. End Summary.


2. (C) During an April 1 meeting with Codel Tierney, Aitzaz
Ahsan, lead counsel for "non-functioning" Chief Justice
Iftikhar Chaudhry, updated the Codel on proceedings against
his client. At the April 3 meeting of the Supreme Judicial
Council, Aitzaz will present three petitions asking the
Council to: 1.) End the in-camera nature of the
proceedings; 2.) Dismiss at least three judges from the
Council because of known conflicts of interest and/or
personal enmity of the Chief Justice; and 3.) Dismiss the
Council altogether because there is no constitutional mandate
for a Supreme Judicial Council not headed by the Chief
Justice. (Note: According to Aitzaz, under the
constitution, only the Chief Justice can chair a Supreme
Judicial Council. No constitutional alternative exists if
the Chief Justice himself is the subject of the Council's
inquiry. Aitzaz claims the proper way to deal with a Chief
Justice accused of malfeasance or misconduct is an
impeachment trial by the entire Supreme Court, not a Supreme
Judicial Council. Aitzaz plans to cite American practice as
a precedent: according to Aitzaz, the Chief Justice of the
U.S. Supreme Court is never able to recuse himself from a
case. When he is aware of a conflict of interest, he does
not participate in the debate or vote, but he still acts as
Chief Justice, leading the Court on the matter. End Note.)


3. On April 2, Attorney Zafarullah Khan filed a petition
with the Supreme Court arguing that the proceedings against
the Chief Justice were unconstitutional for a variety of
procedural and constitutional reasons. The Court agreed to
hear his petition -- along with two other similar petitions
-- on April 11, but refused to suspend the Supreme Judicial
Council until then. The Court also agreed to hear another
petition claiming that Acting Chief Justice Bhagwandas cannot
serve as Acting Chief Justice because he is a Hindu. The
court will hear that petition on April 4. (Note: While it is
true that the Chief Justice normally also serves as Chief of
the Shariat Court, legal experts tell us there is no
constitutional requirement for the Chief Justice to be a
Muslim -- the Chief Justice can simply appoint a surrogate to
head the Shariat Court. End Note.)


4. Aitzaz reports that the demonstration planned for the
street in front of the Supreme Court on April 3 will draw "a
large crowd", despite this week's major PPP rally in Larkana,
the ancestral home of the Bhuttos. The PPP expects about half
a million of the faithful to attend the Sindh rally, which
memorializes the hanging of Zulfikar Ali Bhutto.


5. (C) Comment: While still an occasional topic of
conversation among the elites, general interest in the Chief
Justice controversy has dramatically declined over the last
week. The one event that could reignite public passion would
be if related protest marches became violent. We continue to
encourage both the government and demonstrators to show
restraint and to eschew violence. End Comment


BODDE