Identifier
Created
Classification
Origin
07ISLAMABAD1783
2007-04-20 11:58:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
CHIEF JUSTICE CONTROVERSY: THE SUPREME COURT SET
how-toVZCZCXRO1941 PP RUEHDBU RUEHLH RUEHPW DE RUEHIL #1783 1101158 ZNY CCCCC ZZH P 201158Z APR 07 FM AMEMBASSY ISLAMABAD TO RUEHC/SECSTATE WASHDC PRIORITY 8617 INFO RUEHAH/AMEMBASSY ASHGABAT PRIORITY 2279 RUEHTA/AMEMBASSY ASTANA PRIORITY 0118 RUEHKB/AMEMBASSY BAKU PRIORITY 0131 RUEHEK/AMEMBASSY BISHKEK PRIORITY 4157 RUEHDBU/AMEMBASSY DUSHANBE PRIORITY RUEHBUL/AMEMBASSY KABUL PRIORITY 7037 RUEHLO/AMEMBASSY LONDON PRIORITY 5505 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0795 RUEHFR/AMEMBASSY PARIS PRIORITY 4662 RUEHNT/AMEMBASSY TASHKENT PRIORITY 3012 RUEHKP/AMCONSUL KARACHI PRIORITY 5695 RUEHLH/AMCONSUL LAHORE PRIORITY 2103 RUEHPW/AMCONSUL PESHAWAR PRIORITY 0390 RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEHNO/USMISSION USNATO PRIORITY 2199 RHEHNSC/NSC WASHDC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
C O N F I D E N T I A L ISLAMABAD 001783
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/02/2017
TAGS: PGOV PK PREL
SUBJECT: CHIEF JUSTICE CONTROVERSY: THE SUPREME COURT SET
TO TAKE CENTER STAGE
Classified By: Charge Peter Bodde 1.5 (b),(d).
C O N F I D E N T I A L ISLAMABAD 001783
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/02/2017
TAGS: PGOV PK PREL
SUBJECT: CHIEF JUSTICE CONTROVERSY: THE SUPREME COURT SET
TO TAKE CENTER STAGE
Classified By: Charge Peter Bodde 1.5 (b),(d).
1. (C) In an April 20 meeting, Aitzaz Ahsan, lead counsel
for non-functioning Chief Justice Iftikhar Chaudhry, updated
poloffs on the legal proceedings against his client. On
April 18, Aitzaz appeared before the Supreme Judicial Council
hearing Chaudhry's case and demanded that three justices on
the Council recuse themselves due to conflicts of interest.
(Note: One judge will become Chief Justice in six months if
Chaudhry is removed from the court; one will be a candidate
to fill the vacant seat; and one has been previously
disciplined by Chaudhry. End Note.) The judges refused move
the recusal petition to the top of the list of motions it was
hearing. Believing it would be inimical to his client's
interests for the Council to rule on other questions prior to
ruling on the recusal motion, Aitzaz left the Council
chambers and filed a petition with the Supreme Court of
Pakistan. The petition, on which Aitzaz and his staff have
worked for weeks, includes 132 constitutional questions, from
the constitutionality of the makeup of the Council to
conflicts of interest involving Council members. (Persons
who wish to receive an electronic copy of the petition should
e-mail DohertyRT@State.gov.)
THINGS TO WATCH
2. (C)
--On April 19, the Supreme Court delivered a copy of the
petition to President Musharraf, who is named as the
respondent in the matter. The President has not announced
who will represent him before the Supreme Court, though the
prevailing wisdom is it will be the Attorney General.
--According to Aitzaz, press reports that the Court might
deny the petition are inaccurate. While the Registrar of the
Court reportedly told some journalists that the petition was
unacceptable, he has no authority to thwart the petition.
--The Supreme Court is scheduled to hear the petitioner and
the respondent on April 24. Aitzaz expects the government
may ask for more time.
--While the Supreme Judicial Council proceedings will
continue, at least for the time being, Aitzaz noted that the
Supreme Court case will take precedence. He expects the
Council to greatly reduce its activity while the Supreme
Court works on the Chief Justice's petition. All Supreme
Court hearings will be in open court, and the petition itself
is a public document.
CHANGES IN STREET TACTICS
3. (C) Aitzaz told poloffs that, as the weather becomes
hotter, organizers will call for fewer protests outside the
Supreme Court building. Instead, Chaudhry will appear at
rallies around the country. He is scheduled to speak in
Peshawar on April 21, and in Faisalabad later in the week.
Aitzaz anticipates large crowds at these events.
BODDE
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/02/2017
TAGS: PGOV PK PREL
SUBJECT: CHIEF JUSTICE CONTROVERSY: THE SUPREME COURT SET
TO TAKE CENTER STAGE
Classified By: Charge Peter Bodde 1.5 (b),(d).
1. (C) In an April 20 meeting, Aitzaz Ahsan, lead counsel
for non-functioning Chief Justice Iftikhar Chaudhry, updated
poloffs on the legal proceedings against his client. On
April 18, Aitzaz appeared before the Supreme Judicial Council
hearing Chaudhry's case and demanded that three justices on
the Council recuse themselves due to conflicts of interest.
(Note: One judge will become Chief Justice in six months if
Chaudhry is removed from the court; one will be a candidate
to fill the vacant seat; and one has been previously
disciplined by Chaudhry. End Note.) The judges refused move
the recusal petition to the top of the list of motions it was
hearing. Believing it would be inimical to his client's
interests for the Council to rule on other questions prior to
ruling on the recusal motion, Aitzaz left the Council
chambers and filed a petition with the Supreme Court of
Pakistan. The petition, on which Aitzaz and his staff have
worked for weeks, includes 132 constitutional questions, from
the constitutionality of the makeup of the Council to
conflicts of interest involving Council members. (Persons
who wish to receive an electronic copy of the petition should
e-mail DohertyRT@State.gov.)
THINGS TO WATCH
2. (C)
--On April 19, the Supreme Court delivered a copy of the
petition to President Musharraf, who is named as the
respondent in the matter. The President has not announced
who will represent him before the Supreme Court, though the
prevailing wisdom is it will be the Attorney General.
--According to Aitzaz, press reports that the Court might
deny the petition are inaccurate. While the Registrar of the
Court reportedly told some journalists that the petition was
unacceptable, he has no authority to thwart the petition.
--The Supreme Court is scheduled to hear the petitioner and
the respondent on April 24. Aitzaz expects the government
may ask for more time.
--While the Supreme Judicial Council proceedings will
continue, at least for the time being, Aitzaz noted that the
Supreme Court case will take precedence. He expects the
Council to greatly reduce its activity while the Supreme
Court works on the Chief Justice's petition. All Supreme
Court hearings will be in open court, and the petition itself
is a public document.
CHANGES IN STREET TACTICS
3. (C) Aitzaz told poloffs that, as the weather becomes
hotter, organizers will call for fewer protests outside the
Supreme Court building. Instead, Chaudhry will appear at
rallies around the country. He is scheduled to speak in
Peshawar on April 21, and in Faisalabad later in the week.
Aitzaz anticipates large crowds at these events.
BODDE