CODEL TIERNEY MEETS WITH PAKISTAN'S DEPOSED CHIEF

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 001424

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/03/2018
TAGS: PGOV PHUM PREL PK
SUBJECT: CODEL TIERNEY MEETS WITH PAKISTAN'S DEPOSED CHIEF
JUSTICE

Classified By: Peter W. Bodde, Reasons 1.4 (b),(d)


1. (C) Summary. In a March 27 meeting with Codel Tierney,
former Chief Justice Chaudhry and his lawyer Aitzaz Ahsan
affirmed their commitment to seeing the Chief Justice return
to his duties, along with other judges removed by President
Musharraf following the November 3 State of Emergency.
Chaudhry and Ahsan also described the stresses imposed on
Chaudhry and his family by five-months of house arrest. End
Summary.


2. (C) Codel Tierney (Representatives John Tierney, Keith
Ellison, Jim Moran, Betty McCollum, Maurice Hinchey, and
Barbara Cubin),accompanied by Polcouns, met March 27 with
former Supreme Court Chief Justice Iftikhar Chaudhry and
Aitzaz Ahsan, President of the Supreme Court Bar Association
and Chaudhry's personal attorney. Also attending was
Chaudhry's other attorney Athar Minallah.


3. (C) The former Chief Justice greeted the Codel warmly and
welcomed their expressions of support during this traumatic
period. His former counsel, Aitzaz Ahsan, did much of the
talking as Chaudhry deferred to Ahsan on inquiries he felt
were more of a "political" nature. The conversation began
with both Chaudhry and Ahsan describing the conditions of the
five-month house detention of the former Chief Justice and
his family. He has four children including two teenage
daughters and an eight-year old son with special needs.
According to Ahsan, the son could not receive his proper
medical treatment while police refused to allow his daughters
to leave the home to attend school.


4. (C) Representative Tierney expressed his concern for
Chaudhry and his family and noted that he and a part of the
delegation had been in Pakistan during the November State of
Emergency (SOE). Representative Tierney said he had some
confidence that the political situation was improving and
hoped there would be increased cooperation under the new
government. Pakistan, he observed, had a bright future,
despite the challenges it faced.


5. (C) Representative Moran asked if Chaudhry expected to be
reinstated as Chief Justice. Chaudhry swiftly responded that
reappointment was unnecessary as, under the constitution, he
still held the position. He maintained the President's act
in removing him had been unconstitutional and extra-judicial.
Therefore, he had not been legally removed from the bench,
but was being forcibly prevented from discharging his duties.



6. (C) The disposed Chief Justice also claimed Musharraf's
judicial appointments following the SOE were invalid. Those
judges, he pointed out, were hand-picked by Musharraf and had
sworn allegiance to him, not to the constitution. They were
illegally appointed to provide a favorable judgment in a
single case to benefit one person - Musharraf.


7. (C) Chaudhry expressed confusion over Musharraf's sudden
decision to declare the SOE, calling it a "miscalculation
based on apprehension" that the Supreme Court would rule
against Musharraf's eligibility to run for the Presidency.
Chaudhry said he did not understand why Musharraf had assumed
the decision would go against him. Chaudhry said he had
always respected the President, but he did not understand why
Musharraf had "hit the panic button." He speculated the
President had increasingly perceived growing public support
for the judiciary as a threat to his position.


8. (C) Representative Ellison asked what barriers prevented
Chaudhry's reappointment. Ahsan replied there were no legal
barriers - even the President and Attorney General had
admitted their actions were unconstitutional and had only
given a verbal directive for removal. Ahsan stressed that
the justices remained in office but were being physically
prevented from executing their duties.


9. (C) Ahsan observed that the Murree Declaration of the
ruling coalition, which unofficially calls for the
reinstatement of the pre-SOE judges within the first 30 days
of the new government, could take effect with a simple
majority vote. Ahsan said this was a welcome support measure
that publicly conveyed the will of the people. He opined

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that a two-thirds majority was not required to pass the
resolution - that would imply the SOE actions had legal
validity. In any event, Ahsan repeated, the legal status of
the justices would not be affected by any resolution as they
had not been removed legally.


10. (C) Codel members inquired what action would be taken
regarding the judges who had taken the oath of allegiance to
Musharraf. Noting the sensitivities of this issue, Chaudhry
referred to the 7-member bench he led to counter the SOE
orders and resulted in a restraining order to prevent the
passage of the SOE extra-constitutional measures. Some of the
justices, aware this restraining order existed, still took
the oath to remain on the bench. Chaudhry heatedly stated
that the actions of these judges were inappropriate. Ahsan
agreed, saying that these justices could face civil legal
actions.


11. (C) Representative Tierney asked how many jurists and
attorneys had been suspended from practice following the SOE.
Ahsan replied that approximately 100,000 were suspended and
described a situation where many of these attorneys and
activists were forced to turn to family members and friends
for support, while moving out of their homes and removing
their children from school. These men, he stressed, were not
just deprived of their livelihoods, but "literally
bludgeoned" during demonstrations when Islamabad was under
siege by its own government.


12. (C) Representative Moran asked about the use of "suo
moto" action by the Supreme Court. Chaudhry explained that
the Court could take suo moto notice in a case where a public
interest was involved or a fundamental right was at risk,
even if the case did not fall within the Court's
jurisdiction. As an example, Chaudhry referred to the India
high court decision to protect the Taj Mahal from pollution
by restricting vehicle access near the site. Ahsan also
interjected that many sexual abuse cases would not have been
resolved had the former Chief Justice not taken these suo
moto actions. Chaudhry proudly noted that he personally had
initiated more cases on suo moto than any prior Chief Justice.


13. (C) Finally, Chaudhry expressed his appreciation for the
support of the legal fraternity, both in Pakistan and abroad,
including the U.S. He had received many letters commending
him for his defense of Rule of Law and reminding him he was
not alone. Ahsan noted the National Law Review of AMERICA
had declared Chaudhry "Lawyer of the Year" and the Harvard
Law School Association had given him the Medal of Freedom.
BODDE