ZARDARI BRINGS (SOME) JUDGES BACK... HIS WAY

C O N F I D E N T I A L ISLAMABAD 002983

SIPDIS

E.O. 12958: DECL: 09/10/2018
TAGS: PGOV PK PREL PHUM KJUS
SUBJECT: ZARDARI BRINGS (SOME) JUDGES BACK... HIS WAY

REF: ISLAMABAD 2851

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


1. (C) Summary: Asif Zardari's Pakistan People's Party (PPP)
is fulfilling its promise to reinstate the Musharraf-deposed
judiciary, though it is doing it piecemeal and selectively.
The GOP has now wooed back judges to all the provincial High
Court benches. More significantly, though, three junior
Supreme Court justices returned on September 5. More judges
are expected to return to the expanded benches, with full
seniority and benefits. PPP contacts are adamant that the
former Chief Justice, however, will not be restored; several
other justices are also reportedly out of favor with
newly-elected President Zardari. End summary.

Supreme Court
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2. (C) Late September 5, on the eve of Pakistan's
presidential election, Supreme Court Chief Justice Dogar
administered a new oath of office to three junior Court
justices who were deposed on November 3, 2007. Attorney
General Latif Khosa revealed to PolOff September 5 that four
or five more justices may agree to be "re-appointed" to the
bench soon. The PPP is reportedly working behind the scenes
to seal the deals.


3. (C) Of the 18 Supreme Court justices on the bench prior to
the 2007 state of emergency, five joined the new Court almost
immediately. With the three who re-joined on September 5,
this leaves 10 unrestored justices. However, the three
justices who prior to November 3 had more seniority than
Dogar will probably never return. PPP contacts have been
adamant that former Supreme Court Chief Justice Iftikhar
Chaudhry will not be allowed back, at least not as Chief
Justice. The second most senior justice has already retired
because of age limits, and the third in rank resigned,
accepting the position of Chairman over the GOP's Press
Council.


4. (C) Disagreement between the ruling PPP and Pakistan
Muslim League-Nawaz (PML-N) over the extent and manner that
deposed judges would be reinstated contributed to the
break-up of their coalition government. The strength of the
Supreme Court was raised to 29 by the PPP-led GOP as an
amendment to its late June federal budget. The PPP is now
taking full advantage of this increase, promoting deposed
judges from the provincial High Courts to the Supreme Court.
The "re-appointed" judges are returning with their bench
seniority intact and receiving full retirement benefits.

"Re-Appointed"
- - - - - - - -


5. (C) More and more deposed provincial High Court judges
have also agreed to take new oaths after eight of 15
re-joined the Sindh High Court on August 27 (reftel).
Federal Law Minister Farooq Naek, by his own account to
PolOff, has worked for months to lure them back. Four judges
returned to the Lahore High Court (Punjab) on August 30, and
three Peshawar High Court (Northwest Frontier Province)
judges, including that bench's sacked chief justice, returned
September 5. (Note: All of the Balochistan High Court judges
had agreed to take the oath under the Provisional
Constitution Order (PCO) soon after November 3, 2007.)


6. (C) Comment: Zardari has been successful in neutralizing
rival Nawaz Sharif on PML-N's key issues: the ouster of
Musharraf and reinstatement of the judges. Zardari's plan to
leave former Chief Justice Chaudhry standing virtually alone
and unable to rally support appears to be succeeding. Nawaz
Sharif will need to find some new issues, most likely the
PPP's management of the economy and the battle against
militancy. End comment.

PATTERSON