Pakistan Judicial Crisis Escalates

Justice Chaudry won Monday the first round in a lengthy legal battle after the Supreme Court allowed him to challenge his suspension.

"The decision to file a new reference does in no way mean that the first reference was weak," Federal Minister for Law Muhammad Wasi Zafar told IslamOnline.net on Monday, June 11.

"The new reference has been formulated by my ministry and is being studied by legal experts."

The minister said a summary of the reference would be sent to the prime minister after vetting.

The new reference relates to suspended top Iftikhar Chaudry's activities since the filing of the first reference on March 9 and is based on "facts" contained in the three affidavits submitted by the intelligence agencies chiefs.

Military Intelligence Chief Major General Nadeem Taj, Intelligence Bureau Director General Brigadier Ejaz Shah and presidential chief of staff Lt General (rtd) Hamid Javed submitted their statements in the Supreme Court last week leveling serious charges against the suspended Chief Justice.

Justice Chaudry was suspended by President Prevez Musharraf on charges of misconduct and misuse of authority.

Minister Zafar insisted neither the first nor second reference is based on ill-intentions.

"Both references are based on facts and the government is meeting its constitutional obligations.

"There were some allegations which had not been made public by the government for the sake of judiciary's dignity," he claimed.

The suspension of the top judge has sparked protests by lawyers and the opposition that have turned into a broad campaign for the restoration of democracy.

It is the most serious challenge to the authority of Musharraf since he seized power in a 1999 coup.

Backdoor Closed

The New York Times insisted Monday it was time for the Bush administration to sever ties with Musharraf.

The new government's action seem to be linked to the failure of backdoor efforts to strike an out-of-court settlement.

"He (Chief Justice) was told that the government was ready to withdraw reference against him if he agrees to relinquish his post," a close aide of the top judge told IOL.

"But, he outrightly refused to accept this condition."

Former premier Mir Zafarullah Khan Jamali, a close friend of the suspended chief justice, and General Musharraf's close aide, Tariq Aziz, tried to persuade Chaudry to accept such a "patch up" but he refused.

"He does not need to accept any frivolous demands," said his aide.

Justice Chaudry is unfazed by threats of a new reference against him.

"He laughs at those affidavits as he has done nothing against the rules and regulations. He is very much satisfied and confident," said his aide.

Terming the new reference a "futile bid" to pressurize the Chief Justice, his counsels say they will respond to any new reference against him whenever the government files it.

"The government has realized that the reference already filed will not serve its purpose as it is baseless," Justice Tariq Mehmood, one of Chaudry's counsels, told IOL.

"The purpose of the new move shows that the government is not sincere in establishing the rule of law in the country, but it only wants to oust the Chief Justice by any means.

"This proves that even the first reference was filed in bad faith."

Mehmood is a former justice of Balochistan High Court who had resigned in protest against a controversial referendum in 2001 to "legalize" Musharraf's status as a uniformed president.

"At this stage the filing a new reference is malafide, suggestive and dishonest," said Munir A Malik, another counsel for the suspended Chief Justice.

"It seems if the government is not serious in resolving the crisis. Instead it wants to prolong it for ulterior motives."

Justice Chaudry won Monday the first round in a lengthy legal battle after the Supreme Court allowed him to challenge his suspension.

"We will right now only hear and decide the petition of Justice Iftikhar Muhammad Chaudhry," said presiding judge Khalilur Rehman Ramday.

Analysts believe Musharraf's main motive for seeking to dismiss Chaudhry is to eliminate legal obstacles to his reelection as president-in-uniform later this year.

Musharraf wants the sitting national and provincial assemblies to re-elect him before they are dissolved for a general election around the end of the year.

The constitution says he should quit as army chief this year.

The New York Timesinsisted Monday it was time for the Bush administration to sever ties with Musharraf over the crisis.

"Washington needs to disentangle America, quickly, from the general’s damaging embrace," the influential daily wrote in an editorial.