PM GILANI RESTORES ALL DEPOSED JUDGES

C O N F I D E N T I A L ISLAMABAD 000604

SIPDIS

E.O. 12958: DECL: 03/19/2019
TAGS: PGOV PREL KDEM KJUS PK
SUBJECT: PM GILANI RESTORES ALL DEPOSED JUDGES

REF: A. ISLAMABAD 560

B. ISLAMABAD 559

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


1. (SBU) Summary: With two March 17 executive orders, Prime
Minister Yousuf Gilani restored to the bench deposed Chief
Justice Iftikhar Chaudhry and a handful of remaining Supreme
Court and provincial High Court judges. These judges had
refused (or not been invited) to take a new oath of office
under former President-General Pervez Musharraf's provisional
constitution order (PCO) of November 3, 2007. Some High
Court judges have already resumed office; Chaudhry will
return on/about March 22 when current Chief Justice Hameed
Dogar retires. End summary.

They're Back
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2. (U) Upon the instruction of Prime Minister Yousuf Gilani,
Pakistan's federal Law Ministry issued March 17 two executive
orders, reinstating the "deposed judges of the Supreme Court
and High Courts, including Justice Iftikhar Muhammad
Chaudhry." They return to the status they had on November 2,
2007, the day before President-General Musharraf imposed
emergency rule and issued an extra-constitutional order.


3. (U) In issuing the executive orders, Law Secretary Agha
Rafiq clarified that none of the restored judges would be
required to take a fresh oath of office. He noted Chaudhry
would resume his office on/about March 22, only after current
Chief Justice Hameed Dogar officially retires on March 21.


4. (U) A total of 10 judges will be restored, four to the
Supreme Court, not/not including Chaudhry. (Note: The Chief
Justice is a constitutional position and is normally not
counted toward the strength of the bench, which is otherwise
determined by Pakistani law.) Following the reinstatement,
the number of judges on the Court will increase from 21 to
25; Pakistani law allows 29 judges on the bench (again, not
counting the Chief Justice).

Reaction
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5. (U) Addressing a small public gathering at his residence,
Chaudhry proclaimed the "will of the people had prevailed"
and "no step will be taken against the Constitution and
conscience." Supreme Court Bar Association president Ahmad
Kurd promised the restored Chief Justice would not hear any
petitions against Musharraf. "The biggest of Pakistan's
problems has been resolved, and democracy is on the right
track now," opposition Pakistan Muslim League-Nawaz (PML-N)
leader Sharif added.


6. (C) Comment: As demonstrated consistently in numerous
opinion polls since the judges' removal a year and a half
ago, restoration is widely supported in Pakistan. Though the
lawyers' movement and opposition political parties, including
Nawaz's PML-N, get the lion's share of the credit for their
restoration, the PPP's PM Gilani has also helped his
popularity ratings by pressing Zardari on the judges' issue
(reftels). Whether Gilani will be as successful in effecting
constitutional reform to transfer power from the President to
the PM, however, remains to be seen. End comment.

PATTERSON