Identifier
Created
Classification
Origin
07ISLAMABAD2699
2007-06-18 13:22:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
CHIEF JUSTICE CASE: SUPREME COURT DEFERS RULING
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C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 002699
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: PREL PTER PK
SUBJECT: CHIEF JUSTICE CASE: SUPREME COURT DEFERS RULING
ON PROCEDURAL POINTS; OPENING STATEMENTS BEGIN
REF: A. ISLAMABAD 2033
B. ISLAMABAD 1834
C. ISLAMABAD 1783
Classified By: Charge d'Affaires Peter W. Bodde, reasons 1.4 (b),(d)
C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 002699
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: PREL PTER PK
SUBJECT: CHIEF JUSTICE CASE: SUPREME COURT DEFERS RULING
ON PROCEDURAL POINTS; OPENING STATEMENTS BEGIN
REF: A. ISLAMABAD 2033
B. ISLAMABAD 1834
C. ISLAMABAD 1783
Classified By: Charge d'Affaires Peter W. Bodde, reasons 1.4 (b),(d)
1. BACKGROUND: In early March, President Musharraf
presented a reference (charge sheet) to the Chief Justice of
Pakistan. The same day, the President ordered the
establishment of a "Supreme Judicial Council" to decide the
merits of the reference against the Chief Justice and
declared the judge "non-functioning" pending the Supreme
Judicial Council's final decision. In late April, the Supreme
Court of Pakistan agreed to hear arguments on a variety of
petitions concerning the Chief Justice's case and the
constitutionality of convening the Supreme Judicial Council.
On May 7, the Supreme Court ordered the Supreme Judicial
Council to suspend proceedings on the Chief Justice's case
while the Court decided the various related petitions.
2. (C) Since mid-May, the Supreme Court has heard arguments
over a number of procedural issues related to the petitions
before it. On June 11, the Court announced it would defer
decisions on the procedural motions for an unspecified
period. The Court ordered counsel to begin their opening
arguments.
3.( C) Note: Even with the Supreme Court case moving on to
the next phase, the specific reference (charge sheet) against
the Justice is not yet at issue. The Supreme Court is
deciding whether or not the Supreme Judicial Council is
constitutionally authorized to sit in judgment over the Chief
Justice and whether some members of the originally configured
Council should recuse themselves because of conflicts of
interest. End Note.
4. (C) UPDATE: On June 12, PolOff visited the Supreme
Court to hear Aitzaz Ahsan, the Chief Justice's lead
attorney, present his opening arguments. Ranking Justice
Ramday appeared tense and nervous. He told the packed
courtroom that he and his colleagues were working under
enormous pressure. Ramday said that every judge on the panel
had discussed recusing himself because of the immense
political and public pressure upon the court. After noting
he was considering completely banning the press from
reporting on the hearings, Justice Ramday announced
journalists could report freely on what counsel said in
court, but he placed a gag order on reporting the remarks
from the bench.
5. (C) Comment: The Chief Justice case is increasingly
complex and legalistic in nature, making it difficult for
most Pakistanis to follow the specific arguments.
Nevertheless, decent sized crowds continue to turn out for
the Chief Justice as he tours around the country -- perhaps
ten thousand in Faislabad on June 16, according to Consulate
Lahore -- and the Chief Justice's lead attorney, Aitzaz
Ahsan, is not lacking for face time on local news networks.
6. (C) Comment cont'd: At this point, unless the
government finds a way to accept defeat early and end the
court proceedings, the future holds three possibilities,
barring unforeseen developments:
-- The Supreme Court rules that the President mishandled the
initial reference and should not have suspended the Chief
Justice. The Chief Justice would return to the bench.
-- The Supreme Court dismisses the case on procedural
grounds. The Chief Justice would return to the bench.
-- The Supreme Court rules for the government and orders the
Supreme Judicial Council, perhaps with new members, to begin
hearings on the reference. The outcome of those hearings,
which could last for months, would decide the Chief Justice's
ISLAMABAD 00002699 002 OF 002
fate.
BODDE
SIPDIS
SIPDIS
E.O. 12958: DECL: 04/24/2017
TAGS: PREL PTER PK
SUBJECT: CHIEF JUSTICE CASE: SUPREME COURT DEFERS RULING
ON PROCEDURAL POINTS; OPENING STATEMENTS BEGIN
REF: A. ISLAMABAD 2033
B. ISLAMABAD 1834
C. ISLAMABAD 1783
Classified By: Charge d'Affaires Peter W. Bodde, reasons 1.4 (b),(d)
1. BACKGROUND: In early March, President Musharraf
presented a reference (charge sheet) to the Chief Justice of
Pakistan. The same day, the President ordered the
establishment of a "Supreme Judicial Council" to decide the
merits of the reference against the Chief Justice and
declared the judge "non-functioning" pending the Supreme
Judicial Council's final decision. In late April, the Supreme
Court of Pakistan agreed to hear arguments on a variety of
petitions concerning the Chief Justice's case and the
constitutionality of convening the Supreme Judicial Council.
On May 7, the Supreme Court ordered the Supreme Judicial
Council to suspend proceedings on the Chief Justice's case
while the Court decided the various related petitions.
2. (C) Since mid-May, the Supreme Court has heard arguments
over a number of procedural issues related to the petitions
before it. On June 11, the Court announced it would defer
decisions on the procedural motions for an unspecified
period. The Court ordered counsel to begin their opening
arguments.
3.( C) Note: Even with the Supreme Court case moving on to
the next phase, the specific reference (charge sheet) against
the Justice is not yet at issue. The Supreme Court is
deciding whether or not the Supreme Judicial Council is
constitutionally authorized to sit in judgment over the Chief
Justice and whether some members of the originally configured
Council should recuse themselves because of conflicts of
interest. End Note.
4. (C) UPDATE: On June 12, PolOff visited the Supreme
Court to hear Aitzaz Ahsan, the Chief Justice's lead
attorney, present his opening arguments. Ranking Justice
Ramday appeared tense and nervous. He told the packed
courtroom that he and his colleagues were working under
enormous pressure. Ramday said that every judge on the panel
had discussed recusing himself because of the immense
political and public pressure upon the court. After noting
he was considering completely banning the press from
reporting on the hearings, Justice Ramday announced
journalists could report freely on what counsel said in
court, but he placed a gag order on reporting the remarks
from the bench.
5. (C) Comment: The Chief Justice case is increasingly
complex and legalistic in nature, making it difficult for
most Pakistanis to follow the specific arguments.
Nevertheless, decent sized crowds continue to turn out for
the Chief Justice as he tours around the country -- perhaps
ten thousand in Faislabad on June 16, according to Consulate
Lahore -- and the Chief Justice's lead attorney, Aitzaz
Ahsan, is not lacking for face time on local news networks.
6. (C) Comment cont'd: At this point, unless the
government finds a way to accept defeat early and end the
court proceedings, the future holds three possibilities,
barring unforeseen developments:
-- The Supreme Court rules that the President mishandled the
initial reference and should not have suspended the Chief
Justice. The Chief Justice would return to the bench.
-- The Supreme Court dismisses the case on procedural
grounds. The Chief Justice would return to the bench.
-- The Supreme Court rules for the government and orders the
Supreme Judicial Council, perhaps with new members, to begin
hearings on the reference. The outcome of those hearings,
which could last for months, would decide the Chief Justice's
ISLAMABAD 00002699 002 OF 002
fate.
BODDE