Identifier
Created
Classification
Origin
07ISLAMABAD3154
2007-07-20 13:18:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
SUPREME COURT RULES THAT CHIEF JUSTICE MUST BE
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C O N F I D E N T I A L ISLAMABAD 003154
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/19/2017
TAGS: PGOV PK
SUBJECT: SUPREME COURT RULES THAT CHIEF JUSTICE MUST BE
REINSTATED
REF: ISLAMABAD 2699 AND PREVIOUS
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
C O N F I D E N T I A L ISLAMABAD 003154
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/19/2017
TAGS: PGOV PK
SUBJECT: SUPREME COURT RULES THAT CHIEF JUSTICE MUST BE
REINSTATED
REF: ISLAMABAD 2699 AND PREVIOUS
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
1. (C) Summary: On June 20, the Supreme Court of Pakistan
ruled that President Musharraf's suspension of the Chief
Justice had been unconstitutional. The court's decision was
not unexpected, a fact that did not stop the media from
turning the day leading up to the announcement into a
live-from-in-front-of-the-Supreme-Court spectacle. If the
President accepts the decision gracefully, as his advisors
are encouraging him to do, he and his party should still be
able to engage in damage control and put the controversy
quickly behind them. End Summary.
2. (C) On July 20, a 13 member bench of Pakistan's Supreme
Court ruled that the Chief Justice Mohammad Iftikhar Chaudhry
must be reinstated. In the 10-3 decision, the court stated
that President Musharraf exceeded his constitutional
authority when, on March 9, he presented the Chief Justice
with a reference (charge sheet),convened a Supreme Judicial
Council to hold hearings on the reference, and suspended the
Chief Justice. The vote on all the key items was 10-3, with
the exception of the issue of whether the Supreme Court was
constitutionally empowered to rule on various petitions
related to the Chief Justice controversy. On the last item,
the Court was unanimous in accepting jurisdiction.
3. (C) Shortly after the announcement, Prime Minister Aziz
told reporters he had "always maintained a decision by the
honorable court must be accepted by all sections of the
people including the government itself." As of close of
business Pakistan time, the government had not issued an
official statement.
4. (SBU) Background: In early March, President Musharraf
presented a reference (charge sheet) to the Chief Justice of
Pakistan. Most of the complaints involved minor corruption
and nepotism. The same day, the President ordered the
establishment of a "Supreme Judicial Council" to decide the
merits of the reference against the Chief Justice. 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 until the Supreme Court ruled on various
related petitions. The July 20 ruling effectively ends the
Supreme Judicial Council proceedings against the Chief
Justice.
5. (C) Comment: Musharraf's advisors had warned him since
April that he would lose the Supreme Court case. The same
advisors had been hoping for an early decision by the court
so that they could engage in damage control and move their
focus to preparing for the election. Today's verdict, while
embarrassing to the President -- who has always said he would
abide by the decision -- should allow him and his party to do
just that. End Comment.
PATTERSON
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/19/2017
TAGS: PGOV PK
SUBJECT: SUPREME COURT RULES THAT CHIEF JUSTICE MUST BE
REINSTATED
REF: ISLAMABAD 2699 AND PREVIOUS
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
1. (C) Summary: On June 20, the Supreme Court of Pakistan
ruled that President Musharraf's suspension of the Chief
Justice had been unconstitutional. The court's decision was
not unexpected, a fact that did not stop the media from
turning the day leading up to the announcement into a
live-from-in-front-of-the-Supreme-Court spectacle. If the
President accepts the decision gracefully, as his advisors
are encouraging him to do, he and his party should still be
able to engage in damage control and put the controversy
quickly behind them. End Summary.
2. (C) On July 20, a 13 member bench of Pakistan's Supreme
Court ruled that the Chief Justice Mohammad Iftikhar Chaudhry
must be reinstated. In the 10-3 decision, the court stated
that President Musharraf exceeded his constitutional
authority when, on March 9, he presented the Chief Justice
with a reference (charge sheet),convened a Supreme Judicial
Council to hold hearings on the reference, and suspended the
Chief Justice. The vote on all the key items was 10-3, with
the exception of the issue of whether the Supreme Court was
constitutionally empowered to rule on various petitions
related to the Chief Justice controversy. On the last item,
the Court was unanimous in accepting jurisdiction.
3. (C) Shortly after the announcement, Prime Minister Aziz
told reporters he had "always maintained a decision by the
honorable court must be accepted by all sections of the
people including the government itself." As of close of
business Pakistan time, the government had not issued an
official statement.
4. (SBU) Background: In early March, President Musharraf
presented a reference (charge sheet) to the Chief Justice of
Pakistan. Most of the complaints involved minor corruption
and nepotism. The same day, the President ordered the
establishment of a "Supreme Judicial Council" to decide the
merits of the reference against the Chief Justice. 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 until the Supreme Court ruled on various
related petitions. The July 20 ruling effectively ends the
Supreme Judicial Council proceedings against the Chief
Justice.
5. (C) Comment: Musharraf's advisors had warned him since
April that he would lose the Supreme Court case. The same
advisors had been hoping for an early decision by the court
so that they could engage in damage control and move their
focus to preparing for the election. Today's verdict, while
embarrassing to the President -- who has always said he would
abide by the decision -- should allow him and his party to do
just that. End Comment.
PATTERSON