Identifier
Created
Classification
Origin
07ISLAMABAD3889
2007-09-07 15:35:00
CONFIDENTIAL
Embassy Islamabad
Cable title:
PAKISTAN'S SUPREME COURT KEEPS THE PRESSURE ON
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C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 003889
SIPDIS
SIPDIS
E.O. 12958: DECL: 09/06/2017
TAGS: PGOV PK
SUBJECT: PAKISTAN'S SUPREME COURT KEEPS THE PRESSURE ON
MUSHARRAF
REF: A. ISLAMABAD 3818
B. ISLAMABAD 3779
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 003889
SIPDIS
SIPDIS
E.O. 12958: DECL: 09/06/2017
TAGS: PGOV PK
SUBJECT: PAKISTAN'S SUPREME COURT KEEPS THE PRESSURE ON
MUSHARRAF
REF: A. ISLAMABAD 3818
B. ISLAMABAD 3779
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
1. (C) Summary: President Musharraf's legal counsel told the
Pakistan Supreme Court September 6 that Musharraf's term as
President would end on November 15, but he will remain in
office until a successor is chosen. The Chief Justice
rejected efforts to immediately restrain Musharraf from
seeking re-election or participating in electoral activities.
The Court also rejected the government's efforts to delay
consideration of a petition to declare Musharraf ineligible
to concurrently hold two offices. On the latter case, the
court appointed a three-member plus Attorney General "friends
of the court" advisory committee. The committee includes the
Aitzaz Ahsan, the lawyer who successfully defended the Chief
Justice and organized his country-wide rallies; a member of
the Pakistan People's Party, he has been a vociferous critic
of Musharraf and the proposed Musharraf-Bhutto alliance.
Hearings on the first case will resume September 19 and on
the second case September 17. The Chief Justice's moves
ensure that he keeps the pressure on Musharraf and the Court
on the front pages. End Summary.
--------------
Court Tells Pakistan Lawyers' Forum to
Allow Democratic Process to Work
--------------
2. (U) On September 5, a seven-member bench of the Supreme
Court headed by Chief Justice Iftikhar Mohammad Chaudhry
rejected the request of the Pakistan Lawyers' Forum to
immediately restrain Musharraf from seeking re-election and
participating in polticial activities. In his remarks, Chief
Justice Chaudhry rejected the petition's stay request and
noted the importance of the upcoming general elections. "We
are progressing toward a system and elections are at hand. Do
you want to derail this system? If we give you a stay, what
would happen to the whole system? We have to run the system,"
Chaudhry reportedly said. However, the court contined the
case and scheduled the next hearing for September 19.
--------------
Government Counsel Tells Court Musharraf Will
Continue In Office Until Successor Appointed
--------------
3. (U) On September 6, Chief Justice Chaudhry headed another
seven-member bench to hear the a petition contesting
Musharraf's holding of dual offices. In response to a
tasking, Musharraf's lead counsel, Sharifuddin Pirzada, told
the Court that Musharraf's term exires November 15 and that
Musharraf would continue in office until a successor is
appointed. When asked to submit a statement on the
President's holding of two offices, Sharifuddin asked that
the Court first decide on the Lawyers' Forum Case. The Court
essentially denied Sharifuddin's request when they scheduled
the next hearing for September 17, two days before the next
hearing of the Lawyers' Forum petition.
--------------
Court Appoints Amici Curie From Both Sides
--------------
4. (U) The Court also nominated three attorneys as amici
curie (friends of the court) to advise them: Senator Syed
Mohammed Zafar (a member of the ruling Pakistan Muslim League
party),Abdul Hafeez Pirzada (former Law Minister during
Zulfiqar Ali Bhutto's tenure and one of the architects of the
1973 constitution),and Aitzaz Ahsan. Ahsan is a Pakistan
People's Party leader and vociferous critic of Musharraf and
the proposed Musharraf-Bhutto alliance. Ahsan successfully
defended the Chief Justice in his recent suspension case and
organized his country-wide rallies. The court also
instructed the Attorney General to be part of the advisory
board.
--------------
Comment
--------------
ISLAMABAD 00003889 002 OF 002
5. (C) In this week's action, the Chief Justice officially
played a balanced hand in considering the first group of
cases pending against Musharraf. At the same time, he
adeptly maintained his role as a key figure in determining
Musharraf's political future and ensured that court action
would remain front-page news. The inclusion of Ahsan in the
"friends of the court" advisory committee guarantees
continuing robust judicial challenges to the President.
PATTERSON
SIPDIS
SIPDIS
E.O. 12958: DECL: 09/06/2017
TAGS: PGOV PK
SUBJECT: PAKISTAN'S SUPREME COURT KEEPS THE PRESSURE ON
MUSHARRAF
REF: A. ISLAMABAD 3818
B. ISLAMABAD 3779
Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)
1. (C) Summary: President Musharraf's legal counsel told the
Pakistan Supreme Court September 6 that Musharraf's term as
President would end on November 15, but he will remain in
office until a successor is chosen. The Chief Justice
rejected efforts to immediately restrain Musharraf from
seeking re-election or participating in electoral activities.
The Court also rejected the government's efforts to delay
consideration of a petition to declare Musharraf ineligible
to concurrently hold two offices. On the latter case, the
court appointed a three-member plus Attorney General "friends
of the court" advisory committee. The committee includes the
Aitzaz Ahsan, the lawyer who successfully defended the Chief
Justice and organized his country-wide rallies; a member of
the Pakistan People's Party, he has been a vociferous critic
of Musharraf and the proposed Musharraf-Bhutto alliance.
Hearings on the first case will resume September 19 and on
the second case September 17. The Chief Justice's moves
ensure that he keeps the pressure on Musharraf and the Court
on the front pages. End Summary.
--------------
Court Tells Pakistan Lawyers' Forum to
Allow Democratic Process to Work
--------------
2. (U) On September 5, a seven-member bench of the Supreme
Court headed by Chief Justice Iftikhar Mohammad Chaudhry
rejected the request of the Pakistan Lawyers' Forum to
immediately restrain Musharraf from seeking re-election and
participating in polticial activities. In his remarks, Chief
Justice Chaudhry rejected the petition's stay request and
noted the importance of the upcoming general elections. "We
are progressing toward a system and elections are at hand. Do
you want to derail this system? If we give you a stay, what
would happen to the whole system? We have to run the system,"
Chaudhry reportedly said. However, the court contined the
case and scheduled the next hearing for September 19.
--------------
Government Counsel Tells Court Musharraf Will
Continue In Office Until Successor Appointed
--------------
3. (U) On September 6, Chief Justice Chaudhry headed another
seven-member bench to hear the a petition contesting
Musharraf's holding of dual offices. In response to a
tasking, Musharraf's lead counsel, Sharifuddin Pirzada, told
the Court that Musharraf's term exires November 15 and that
Musharraf would continue in office until a successor is
appointed. When asked to submit a statement on the
President's holding of two offices, Sharifuddin asked that
the Court first decide on the Lawyers' Forum Case. The Court
essentially denied Sharifuddin's request when they scheduled
the next hearing for September 17, two days before the next
hearing of the Lawyers' Forum petition.
--------------
Court Appoints Amici Curie From Both Sides
--------------
4. (U) The Court also nominated three attorneys as amici
curie (friends of the court) to advise them: Senator Syed
Mohammed Zafar (a member of the ruling Pakistan Muslim League
party),Abdul Hafeez Pirzada (former Law Minister during
Zulfiqar Ali Bhutto's tenure and one of the architects of the
1973 constitution),and Aitzaz Ahsan. Ahsan is a Pakistan
People's Party leader and vociferous critic of Musharraf and
the proposed Musharraf-Bhutto alliance. Ahsan successfully
defended the Chief Justice in his recent suspension case and
organized his country-wide rallies. The court also
instructed the Attorney General to be part of the advisory
board.
--------------
Comment
--------------
ISLAMABAD 00003889 002 OF 002
5. (C) In this week's action, the Chief Justice officially
played a balanced hand in considering the first group of
cases pending against Musharraf. At the same time, he
adeptly maintained his role as a key figure in determining
Musharraf's political future and ensured that court action
would remain front-page news. The inclusion of Ahsan in the
"friends of the court" advisory committee guarantees
continuing robust judicial challenges to the President.
PATTERSON