Pakistan’s Supreme Court last Friday ruled that President Musharraf’s suspension of the chief justice, Iftikhar Mohammad Chaudry, for alleged abuse of office and nepotism, was illegal and ordered Chaudhry reinstated. A full bench of the court also ruled ultra vires the presidential reference filed against the chief justice (CJP).
The judgment referred to the question of the CJP’s accountability and stated, “It has never been anybody’s case before us that the chief justice of Pakistan was not accountable. The same issue, therefore, does not require any adjudication...” Hopefully the detailed judgment will comprehensively address the issue of accountability.
On the day the judgment came the courtroom exploded in excitement. Outside the court people in all parts of Pakistan were jubilant. In the public mind the Supreme Court’s verdict was an act of upholding the rule of law and constitutional propriety.
It was a 134-day struggle, from the CJP’s ouster on March 9 to his reinstatement on July 20. The success of the struggle provided the judiciary the enabling environment to function within the parameters of law.
Indeed the judgment represents the first successful effort to establish balance of power in state institutions. In accepting the judgment the government has wisely signaled that it now supports the process of strengthening the state institutions and above all the complete independence of the judiciary.
Many positive developments may follow the court verdict. Six are noteworthy. First, it has lifted the spirits of a nation that was reeling under the shock of daily suicide bombings. Twelve suicide bombings in all the four provinces had left over 200 dead. The Supreme Court judgment lifted the blanket of gloom and doom that had descended on the nation.
Secondly, at the Stock Market the downward spiral was arrested. A wave of suicide bombings and the apprehension of an impending confrontation between the state and the lawyers had triggered a selling spree. In less than a week foreign investors had pulled out substantive funds. Domestic investors too heavily shed shares. How far the market picks up will depend on other economic indicators. There has been overall slowing down of the economy. Privatization has slowed down. Current account deficit has crossed the $7 billion mark.
Thirdly and the most important, the amicable resolution of a legal problem with major political overtones is likely to discourage people from viewing the security threat raised by suicide bombers from a politicized angle. So far the almost national anger against the government over the CJP issue was preventing them from appreciating the nature of the threat. Angered, people tended to blame the state for these bombings. The government may now find it easier to get psychological and moral support in dealing with the fallout of the threat and the response.
Fourthly, there will now be a realization both at home and abroad that Pakistani people’s resolve to restore genuine democracy is strong and unwavering. If in the pre-judgment period Pakistan’s path to democracy seemed to be boulder-blocked, it now seems relatively smooth and open.
Fifthly, politically Gen. Musharraf can no longer take anything for granted — neither his re-election by the present National Assembly nor his holding of two offices simultaneously — the president and the chief of army staff (COAS).
Sixthly, now it looks certain that only the constitutionally mandated state institutions will participate in the holding of the 2007 elections. The Supreme Court will feel obliged to respond to any complaint about the fairness or impartiality of the electoral process.
