PAKISTAN: RECONSTITUTED SUPREME COURT AND

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 004795

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/08/2017
TAGS: PGOV PHUM PK
SUBJECT: PAKISTAN: RECONSTITUTED SUPREME COURT AND
PROVINCIAL HIGH COURTS

REF: ISLAMABAD 4694

Classified By: Anne W. Patterson, Reasons 1.4 (b),(d)


1. (C) Summary: President Musharraf has reportedly decided
that, before he can schedule parliamentary elections, the
newly constituted Supreme Court must rule on the pending case
challenging his own election. Under Musharraf's November 3
Provisional Constitution Order (PCO),he fired all Supreme
Court and provincial High Court justices. They now must take
a loyalty oath or face termination and possible arrest.
Despite significant resistance, the government quickly
replenished most court benches. To date, there are nine
members of the Supreme Court, and the Attorney General is
seeking an additional two justices. An eleven-member Supreme
Court bench will then take up the Musharraf eligibility case
next week. End summary.

Report Card
--------------


2. (C) Twelve of 17 former Supreme Court justices refused to
take the oath under the November 3 PCO. To date, five former
justices did agree to take the oath and are now part of a
reconstituted Supreme Court that includes nine justices.
Attorney General Malik Qayyum told Ambassador November 7
(septel) that his goal was to increase the court to eleven
members. He is even reaching out to former members of the
Court who voted in favor of reopening the Islamabad Red
Mosque under the leadership of an extremist imam (septel).
This new Court met for the first time November 6. Qayyum
expects an eleven-member court next week to begin hearing the
pending case challenging Musharraf's eligibility as a
presidential candidate. Musharraf reportedly has decided
that he cannot schedule parliamentary elections until the
Court rules on his own fate.


3. (C) However, the scene is different at the provincial
level. At the Sindh High Court, only three of the 27 judges,
including Chief Justice Sabihuddin Ahmed, refused to pledge
allegiance. In Peshawar, four of the 13 judges refused to
take the oath, including Chief Justice Tariq Pervez Khan.
The most surprising announcement took place at the
Balochistan High Court where all five of the sitting judges
took the oath. In Lahore, it appears that 12 of the
31-member Punjab High Court have refused to join the new
bench.

November 3
--------------


4. (U) On the evening of Saturday, November 3, seven of the
Supreme Court justices, in an impromptu move, unanimously
rejected the PCO. Their decision ordered top GOP officials,
including Prime Minister Shaukat Aziz and the Chief of ARMY
Staff (and President) Pervez Musharraf, to stand down.
Shortly after the decision was declared, GOP officials on
hand informed the Chief Justice that his services were "no
longer needed" and placed him under arrest. Musharraf
personally swore in Justice Abdul Hameed Dogar, fourth in
line on the Supreme Court, as the new Chief Justice. Eight
justices on the new Court overturned Chaudhry's November 3
decision against the PCO.

Trying to Maintain Discipline
--------------


7. (U) During their period of house arrest, former Chief
Justice Chaudhry attempted November 6 to rally his "troops"
by calling a group of lawyers from the Islamabad Bar
Association via cell phone. He urged them to "rise up" and
save the constitution. The Justice told his followers that
he would soon launch his next phase of the struggle for
judiciary independence upon his release in attempts to
recreate the successful protest campaign carried out by the
country's lawyers against Musharraf's first dismissal of the
Chief Justice. Authorities temporarily suspended cellphone
coverage in parts of Islamabad, but these actions did not
prevent several dozen lawyers from protesting in the city's
court complex upon hearing Chaudhry's call. (Note: The
protest lasted roughly 30 minutes and ended peacefully.)


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8. (C) Comment: Musharraf's efforts to reinstate the Supreme
Court with as many former justices as possible is an attempt
to give his new court credibility that it will likely never
have. Despite his success in re-filling the Supreme Court
and provincial High Court benches, the judicial system is
grinding to a halt because many lawyers have been arrested
and bar associations across the country are going on strike
to protest the state of emergency. End comment.

PATTERSON