Identifier
Created
Classification
Origin
07ISLAMABAD2017
2007-05-04 12:10:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
CHIEF JUSTICE UPDATE-- MAY 4
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C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 002017
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: ASEC PGOV PHUM PREL PK
SUBJECT: CHIEF JUSTICE UPDATE-- MAY 4
REF: A. ISLAMABAD 1834
B. ISLAMABAD 1833
C. ISLAMABAD 1783
D. ISLAMABAD 1659
Classified By: DCM Peter W. Bodde, Reasons 1.4 (b) and (d)
------------
Legal Update
------------
C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 002017
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: ASEC PGOV PHUM PREL PK
SUBJECT: CHIEF JUSTICE UPDATE-- MAY 4
REF: A. ISLAMABAD 1834
B. ISLAMABAD 1833
C. ISLAMABAD 1783
D. ISLAMABAD 1659
Classified By: DCM Peter W. Bodde, Reasons 1.4 (b) and (d)
--------------
Legal Update
--------------
1. (C) The legal process to decide the fate of Pakistan's
Chief Justice Iftikhar Chaudhry has split into two concurrent
tracks -- one in the Supreme Court and the other in the
Supreme Judicial Council. Both bodies resumed hearings May 2
and 3 on the reference against the Chief Justice. Acting
Chief Justice Bhagwandas constituted a five-member bench of
the Supreme Court to hear petitions from both sides. The
petition by the Chief Justice's lead counsel Aitzaz Ahsan
(ref C) has attracted the most attention -- it challenges the
Supreme Judicial Council's legality and competence. The
government, for its part, argued that the full Supreme Court
should hear the petition rather than Bhagwandas' five-member
bench. (Note: The government likely feels that the
five-member bench is composed of junior justices more
sympathetic to Chief Justice Chaudhry than the full court
would be. End note.) The Supreme Court will reconvene May 7
to continue hearing petitions.
2. (C) Meanwhile on May 3, Ahsan completed his opening
statements and arguments on all preliminary objections before
the Supreme Judicial Council. Ahsan wanted the Council to
dismiss proceedings for two weeks so the Supreme Court could
decide on his petition. (Note: The Chief Justice considers
the Supreme Judicial Council invalid and does not want it to
decide on the reference against him. End note.) However,
the Council rejected this request and will move ahead with
hearing the reference against Chief Justice Chaudhry. The
Supreme Judicial Council proceedings will resume on May 9 and
10.
--------------
Demonstrations
--------------
3. (SBU) The now-routine protests of lawyers and opposition
parties took place on May 2 and 3, with an estimated turnout
of 3400 participants in Islamabad each day. Isolated
confrontations led to some injuries over the two days. On May
2, protesting lawyers attacked one Musharraf supporter. On
May 3, as Chief Justice Chaudhry attempted to enter the
Supreme Court through the Judge's Gate, police restrained the
accompanying mass of lawyers and told them to go through the
main gate. The lawyers forced the gate open and the ensuing
15-minute scuffle resulted in 10 injured persons, including
policemen. On the same day, some journalists also attacked
what they termed "lawyer impersonators", after these
"impersonators" prevented their access to the Supreme Court.
--------------
May 5 Rally Planned
--------------
4. (SBU) Chief Justice Chaudhry has announced he will lead a
large number of lawyers by road to Lahore on May 5.
Organizers plan for supporters to line sections of the 162
mile route. Once in Lahore, Chaudhry is scheduled to address
a large rally. On May 3, the Secretary of the Interior asked
the Chief Justice to travel by air to Lahore for his own
safety, citing the danger of terrorist attacks or suicide
bombings. Counsel Aitzaz Ahsan responded that his client was
determined to travel by land. To counter rumors that the
police would set up barriers to bar Chaudhry's progress to
ISLAMABAD 00002017 002 OF 002
Lahore, Pakistan Muslim League President Chaudhry Shujaat
told the press on May 4 that the government has no plan to
stop Chief Justice Chaudhry's trip.
BODDE
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: ASEC PGOV PHUM PREL PK
SUBJECT: CHIEF JUSTICE UPDATE-- MAY 4
REF: A. ISLAMABAD 1834
B. ISLAMABAD 1833
C. ISLAMABAD 1783
D. ISLAMABAD 1659
Classified By: DCM Peter W. Bodde, Reasons 1.4 (b) and (d)
--------------
Legal Update
--------------
1. (C) The legal process to decide the fate of Pakistan's
Chief Justice Iftikhar Chaudhry has split into two concurrent
tracks -- one in the Supreme Court and the other in the
Supreme Judicial Council. Both bodies resumed hearings May 2
and 3 on the reference against the Chief Justice. Acting
Chief Justice Bhagwandas constituted a five-member bench of
the Supreme Court to hear petitions from both sides. The
petition by the Chief Justice's lead counsel Aitzaz Ahsan
(ref C) has attracted the most attention -- it challenges the
Supreme Judicial Council's legality and competence. The
government, for its part, argued that the full Supreme Court
should hear the petition rather than Bhagwandas' five-member
bench. (Note: The government likely feels that the
five-member bench is composed of junior justices more
sympathetic to Chief Justice Chaudhry than the full court
would be. End note.) The Supreme Court will reconvene May 7
to continue hearing petitions.
2. (C) Meanwhile on May 3, Ahsan completed his opening
statements and arguments on all preliminary objections before
the Supreme Judicial Council. Ahsan wanted the Council to
dismiss proceedings for two weeks so the Supreme Court could
decide on his petition. (Note: The Chief Justice considers
the Supreme Judicial Council invalid and does not want it to
decide on the reference against him. End note.) However,
the Council rejected this request and will move ahead with
hearing the reference against Chief Justice Chaudhry. The
Supreme Judicial Council proceedings will resume on May 9 and
10.
--------------
Demonstrations
--------------
3. (SBU) The now-routine protests of lawyers and opposition
parties took place on May 2 and 3, with an estimated turnout
of 3400 participants in Islamabad each day. Isolated
confrontations led to some injuries over the two days. On May
2, protesting lawyers attacked one Musharraf supporter. On
May 3, as Chief Justice Chaudhry attempted to enter the
Supreme Court through the Judge's Gate, police restrained the
accompanying mass of lawyers and told them to go through the
main gate. The lawyers forced the gate open and the ensuing
15-minute scuffle resulted in 10 injured persons, including
policemen. On the same day, some journalists also attacked
what they termed "lawyer impersonators", after these
"impersonators" prevented their access to the Supreme Court.
--------------
May 5 Rally Planned
--------------
4. (SBU) Chief Justice Chaudhry has announced he will lead a
large number of lawyers by road to Lahore on May 5.
Organizers plan for supporters to line sections of the 162
mile route. Once in Lahore, Chaudhry is scheduled to address
a large rally. On May 3, the Secretary of the Interior asked
the Chief Justice to travel by air to Lahore for his own
safety, citing the danger of terrorist attacks or suicide
bombings. Counsel Aitzaz Ahsan responded that his client was
determined to travel by land. To counter rumors that the
police would set up barriers to bar Chaudhry's progress to
ISLAMABAD 00002017 002 OF 002
Lahore, Pakistan Muslim League President Chaudhry Shujaat
told the press on May 4 that the government has no plan to
stop Chief Justice Chaudhry's trip.
BODDE