PAKISTAN'S POLITICAL PARTIES ENGAGE THE SUPREME

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 003374 SIPDIS SIPDIS E.O. 12958: DECL: 08/02/2017 TAGS: PGOV PK SUBJECT: PAKISTAN'S POLITICAL PARTIES ENGAGE THE SUPREME COURT REF: A. ISLAMABAD 3247 ¶B. ISLAMABAD 3154 Classified By: DCM Peter Bodde, for reasons 1.4 (b),(d) ¶1. (C) SUMMARY: In light of the June 20 landmark Supreme Court decision reinstating the Chief Justice, Pakistan's opposition political parties and civil society have hailed what they see as an invigorated and independent judiciary. Both the Chief Justice and President Musharraf have lauded the new judicial environment and called for strengthening of all government institutions. In the wake of this decision, many political parties are taking their own petitions to the court in hope of finding a sympathetic ear. The Supreme Court's true challenge as a newly energized institution is to remain a balanced and independent body, while avoiding over-activism that would take it into the legislature's domain. END SUMMARY. CJ AND PRESIDENT STRESS FREEDOM OF JUDICIARY -------------- ¶2. (U) On July 28, in his first public appearance since his reinstatement, Chief Justice Iftikhar Chaudhry asked the legal community to remain on guard and not to allow any unconstitutional steps to disrupt the country's future. Chaudhry exhorted his colleagues, "This is truly a historic moment. Today the people of Pakistan are looking towards the bar and the bench. Let's not fail them." At a legal workshop, he called on his fraternity to strive to make state institutions flourish so that they may serve the people of Pakistan. Chaudhry stressed the importance of the judiciary and the media as guardians of public interest, however, he stressed that there should be no ill-will from the struggle for his reinstatement. Pakistani editorials lauded the Chief Justice's words, but warned that his major challenge will be remaining unbiased and balanced in future cases. ¶3. (U) On July 31 at the launch of a new government television channel, President Musharraf reiterated his continued support for the Supreme Court's decision and his own personal support for the Chief Justice. Musharraf stressed that the executive and the judiciary must exist in harmony and work together for the national interest. The president has publicly accepted the decision of the Supreme Court graciously and has now on several occasions emphasized the freedom of the judiciary. POLITICAL PARTIES LOOK TO SUPREME COURT FOR RELIEF -------------- -------------- ¶4. (U) The religious parties coalition Muttahida Majlis-e-Amal (MMA) filed a petition in May challenging President Musharraf's uniform. On July 29, the Supreme Court agreed to hear the petition in open court and adjudicate preliminary objections raised by the court's registrar. The MMA petition challenges President Musharraf's ability to hold the Chief of Army Staff position because he is past the military retirement age. The petition also challenges the constitutionality of President Musharraf addressing public rallies. The MMA is arguing that President Musharraf is violating the code of conduct for the military as set forth in the law and services rules. ¶5. (U) On July 30, Benazir Bhutto's Pakistan People's Party (PPP) petitioned the Supreme Court to extend the Political Parties Act of 1962 to the Federally Administered Tribal Areas (FATA). Currently, no political party activity is allowed in the FATA, though the area has representation in both the National Assembly and the Senate. The PPP argues that these restrictions allow only religious parties to campaign in the FATA through mosques and madrassas. The petition is filed under fundamental rights and argues that true democracy must be extended to the FATA. ¶6. (U) On August 2, former Prime Minister Nawaz Sharif and his brother Shahbaz Sharif petitioned the Supreme Court to allow their return to Pakistan without being deported to Saudi Arabia. The Supreme Court convicted Nawaz Sharif on ISLAMABAD 00003374 002 OF 002 corruption and tax evasion charges in 2000. His life sentence was commuted to exile in Saudi Arabia under an agreement with the Musharraf government and Sharif agreed not to return to Pakistan until 2010. Now, the Sharif brothers are seeking a return to Pakistan under a fundamental rights petition; they are hoping that the court will allow them to come back and lead their party in the general elections. ¶7. (C) Comment: It is impossible to predict what Pakistan's Supreme Court, which has the judicial power to inject itself into almost any issue, will do. The Supreme Court's true challenge as a newly energized institution is to remain a balanced and independent body, while avoiding over-activism that would take it into the domain of the legislative or the executive branches. PATTERSON