Identifier
Created
Classification
Origin
09PESHAWAR52
2009-03-16 12:41:00
CONFIDENTIAL
Consulate Peshawar
Cable title:
SEVEN QAZI (SHARIA) JUDGES INSTALLED IN SWAT
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C O N F I D E N T I A L PESHAWAR 000052
SIPDIS
E.O. 12958: DECL: 3/16/2019
TAGS: PTER MOPS PGOV PK
SUBJECT: SEVEN QAZI (SHARIA) JUDGES INSTALLED IN SWAT
REF: A) PESHAWAR 47 B) ISLAMABAD 501
CLASSIFIED BY: Lynne Tracy, Principal Officer, Peshawar,
Department of State.
REASON: 1.4 (a),(b),(d)
Summary
-------
C O N F I D E N T I A L PESHAWAR 000052
SIPDIS
E.O. 12958: DECL: 3/16/2019
TAGS: PTER MOPS PGOV PK
SUBJECT: SEVEN QAZI (SHARIA) JUDGES INSTALLED IN SWAT
REF: A) PESHAWAR 47 B) ISLAMABAD 501
CLASSIFIED BY: Lynne Tracy, Principal Officer, Peshawar,
Department of State.
REASON: 1.4 (a),(b),(d)
Summary
--------------
1. (C) In the latest step towards implementing shari'a in Swat
the first seven Qazis (judges) were installed in their new
offices on March 12. The Qazis arrived in a procession led by
Tehrik Nifaz-i-Shariat Mohammadi (TNSM) chief, Sufi Mohammad,
Malakand division commissioner, Mohammad Javed and militant
commander Mehmood Khan. Each of the seven were originally
appointed in 1994 and remained among the existing cadre of
judges.
2. (C) The installation of the seven Qazis appears to be a good
faith gesture by the government to help meet the TNSM's March 16
deadline to implement Shari'a. President Zardari has told the
Ambassador that he will not sign the Nizam-e-Adl (literally,
"system of justice" but widely viewed as Shari'a) Regulation.
However, he may allow defacto piecemeal implementation of
shari'a to keep the Awami National Party (ANP) happy since we
understand that he has promised the provincial government that
he will ultimately approve the legislation. When the Qazis will
be able to begin to hear cases may depend more on the presence
of the police and court administrative personnel than anything
else. End Summary.
Qazi Judges Installed
--------------
3. (C) In the latest step towards implementing shari'a in Swat
the first seven Qazis (judges) were installed in their new
offices on March 12. The judges arrived in a procession led by
TNSM chief, Sufi Mohammad, Malakand division commissioner,
Mohammad Javed and militant commander Mehmood Khan. The Qazis
were expected to be the first of scores of new judges appointed
in fulfillment of the Nizam-e-Adl (Shari'a) Regulation, 2009
once it is signed into law by President Zadari (Ref. A).
Where Did The New Judges Come From?
--------------
4. (C) Each of the seven newly installed Qazis were originally
appointed in 1994 and remained among the existing cadre of
judges operating under the Nizam-e-Adl regulation of 1999 and
Code of Criminal Procedure (amendment) Ordinance 2001
promulgated by General Pervez Musharraf. Their previous
performance had been limited due to the unrest and presence of
the militants in Swat. (Note: An explanation of the Nazam-e-Adl
2009 sent Septel. End note.)
When Will The New Courts Begin To Operate?
--------------
5. (C) The seven Qazis are physically present to decide cases;
however President Zadari's has yet to sign the new regulation
into law since it was reportedly forwarded by Northwest Frontier
Province NWFP governor Owais Ghani. The police and
administrative staff to conduct and enforce decisions from the
Qazis have not yet arrived and will be needed before the courts
are able to function.
Comment
--------------
6. (C) The installation of the seven Qazis appears to be a good
faith gesture by the government to help meet the TNSM's March 16
deadline to implement Shari'a (Ref. B). We may see defacto
piecemeal implementation of shari'a as Zardari attempts to keep
as many promises as possible on Swat while technically not
breaking his word to anyone. When the Qazis will be able to
begin to hear cases may depend more on the presence of police
and court administrative personnel than anything else.
TRACY
SIPDIS
E.O. 12958: DECL: 3/16/2019
TAGS: PTER MOPS PGOV PK
SUBJECT: SEVEN QAZI (SHARIA) JUDGES INSTALLED IN SWAT
REF: A) PESHAWAR 47 B) ISLAMABAD 501
CLASSIFIED BY: Lynne Tracy, Principal Officer, Peshawar,
Department of State.
REASON: 1.4 (a),(b),(d)
Summary
--------------
1. (C) In the latest step towards implementing shari'a in Swat
the first seven Qazis (judges) were installed in their new
offices on March 12. The Qazis arrived in a procession led by
Tehrik Nifaz-i-Shariat Mohammadi (TNSM) chief, Sufi Mohammad,
Malakand division commissioner, Mohammad Javed and militant
commander Mehmood Khan. Each of the seven were originally
appointed in 1994 and remained among the existing cadre of
judges.
2. (C) The installation of the seven Qazis appears to be a good
faith gesture by the government to help meet the TNSM's March 16
deadline to implement Shari'a. President Zardari has told the
Ambassador that he will not sign the Nizam-e-Adl (literally,
"system of justice" but widely viewed as Shari'a) Regulation.
However, he may allow defacto piecemeal implementation of
shari'a to keep the Awami National Party (ANP) happy since we
understand that he has promised the provincial government that
he will ultimately approve the legislation. When the Qazis will
be able to begin to hear cases may depend more on the presence
of the police and court administrative personnel than anything
else. End Summary.
Qazi Judges Installed
--------------
3. (C) In the latest step towards implementing shari'a in Swat
the first seven Qazis (judges) were installed in their new
offices on March 12. The judges arrived in a procession led by
TNSM chief, Sufi Mohammad, Malakand division commissioner,
Mohammad Javed and militant commander Mehmood Khan. The Qazis
were expected to be the first of scores of new judges appointed
in fulfillment of the Nizam-e-Adl (Shari'a) Regulation, 2009
once it is signed into law by President Zadari (Ref. A).
Where Did The New Judges Come From?
--------------
4. (C) Each of the seven newly installed Qazis were originally
appointed in 1994 and remained among the existing cadre of
judges operating under the Nizam-e-Adl regulation of 1999 and
Code of Criminal Procedure (amendment) Ordinance 2001
promulgated by General Pervez Musharraf. Their previous
performance had been limited due to the unrest and presence of
the militants in Swat. (Note: An explanation of the Nazam-e-Adl
2009 sent Septel. End note.)
When Will The New Courts Begin To Operate?
--------------
5. (C) The seven Qazis are physically present to decide cases;
however President Zadari's has yet to sign the new regulation
into law since it was reportedly forwarded by Northwest Frontier
Province NWFP governor Owais Ghani. The police and
administrative staff to conduct and enforce decisions from the
Qazis have not yet arrived and will be needed before the courts
are able to function.
Comment
--------------
6. (C) The installation of the seven Qazis appears to be a good
faith gesture by the government to help meet the TNSM's March 16
deadline to implement Shari'a (Ref. B). We may see defacto
piecemeal implementation of shari'a as Zardari attempts to keep
as many promises as possible on Swat while technically not
breaking his word to anyone. When the Qazis will be able to
begin to hear cases may depend more on the presence of police
and court administrative personnel than anything else.
TRACY