ISLAMABAD, 22 April 2008 — Pakistan’s Supreme Court yesterday struck down a law requiring candidates for Parliament to have bachelor’s degrees, clearing the way for Pakistan People’s Party Co-Chairman Asif Ali Zardari to become prime minister.
The ruling was another blow to President Pervez Musharraf, who introduced the requirement in 2002, to improve the caliber of lawmakers. Supreme Court’s Chief Justice Abdul Hameed Dogar declared the provision void after a seven-judge bench heard arguments that it discriminated against a large portion of the Pakistani population. Zardari, who took over the party leadership after the December assassination of his wife Benazir Bhutto, has indicated that he might run for a seat in Parliament in June. Zardari has said he has a degree, but its nature is uncertain and even his party had admitted it was not sure if Zardari would qualify under Pakistani law. Zardari has not ruled out becoming prime minister at some point.
Bhutto’s Pakistan People’s Party is now leading a coalition government packed with Musharraf foes after routing loyalists of the US-backed president in Feb. 18 elections. Musharraf’s popularity has plunged in the last year, especially due to anger over his alliance with the United States in the war on terror.
The degree requirement was challenged by Nasir Mahmood, a politician from a hard-line Islamist party who plans to contest a Parliament seat in a by-election, said his lawyer, Sen. Kamran Murtaza.
Attorney General Mohammed Qayyum criticized the requirement during a hearing, saying it discriminated against a majority of Pakistan’s 160 million-strong population. “This is against democracy,” he said.
On the fate of judges sacked by Musharraf, Qayyum told Arab News their reinstatement was “very difficult.” “The Parliament needs a two thirds majority to reinstate them, and then there is the question of the settlement of present judges.”
Asked to comment on reports of his resignation, Qayyum said: “Yes I tendered my resignation but President Musharraf refused to accept it and asked me to continue.”
He called the March 9, 2007 incident, during which deposed Chief Justice Iftikhar Chaudhry was called to Army House and asked to resign, a big conspiracy against Musharraf. Without naming former Prime Minister Shaukat Aziz, Qayyum said: “One of the close colleagues of President Musharraf hatched the conspiracy to weaken him and hide his planned deal of Pakistan Steel Mills’ Privatization.”
But Qayyum criticized the maverick judge for taking the issue to the streets. “I was the president of All Pakistan Bar Association when Justice Chaudhry became the chief justice. We honored him. But after this conspiracy was executed, we feel the deposed chief justice developed political ambition. He addressed rallies and often made political comments which are unbecoming of a judge.”
He said he had advised Musharraf not to send a reference against Chaudhry but he did it against my advise. “The man who wanted a presidential reference against Chaudhry to the Supreme Judicial Council himself wanted to gain from Musharraf’s weakness without knowing its repercussions.”
Leaders of the ruling coalition held inconclusive talks yesterday to finalize strategy for the restoration of the judges. The restoration of the judges seen as hostile to Musharraf’s maneuvers to stay in power was the main element of a coalition pact between the Pakistan People’s Party and the party of former Prime Minister Nawaz Sharif.
Zardari agreed to restore about 60 judges, including Chaudhry, through a parliamentary resolution within 30 days of the formation of their coalition. That deadline will pass by the end of April.
If restored, some of the judges are expected to take up challenges to Musharraf’s October re-election by outgoing assembly members, which his critics say was unconstitutional.
Zardari and Sharif met for more than three hours and discussed a draft resolution to be put to the National Assembly, Parliament’s lower house, now dominated by Musharraf’s opponents, said Siddiq ul-Farooq, a spokesman for Sharif’s party.
But they had yet to reach a final agreement, he said.
— With input from agencies



