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
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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
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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

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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