ISLAMABAD: Pakistan’s Supreme Court late Saturday suspended the presidential appointment of two top judges in a ruling that sets up the prospect of a destabilizing clash between the judiciary and the government.
The ruling by a special bench, headed by Justice Shakarullah Jan, came after President Asif Ali Zardari appointed a new Supreme Court judge and chief of the Lahore High Court, going against the recommendation of the Supreme Court. Members of the Supreme Court’s special bench held that Zardari’s action violated Article 260 that says the president must consult with the Supreme Court over the appointment of new judges.
The five-member full bench constituted to hear petitions regarding unnecessary delay in the appointment of judges in the courts would now take up further hearing of the case on Feb. 18.
As local media reported the country was headed into a political and judicial crisis following the decision, Zardari’s spokesman issued a statement dismissing rumors the government was planning to declare a state of emergency.
Zardari is already facing the prospect of legal challenges to his rule after the Supreme Court struck down an amnesty that had been shielding him from graft allegations dating back to the 1980s. Earlier last year, he was forced to reinstate the Supreme Court chief justice fired by former President Gen. Pervez Musharraf after large demonstrations.
It was unclear what the government or the court would do next. Some TV channels quoted government critics as saying Zardari may have violated the constitution by trying to appoint the judges, raising the possibility opponents could try and use it as the basis for a fresh challenge against Zardari’s hold on the presidency.
Information Minister Qamar Zaman Kaira said the president issued the order only after consulting the chief justice.
“We have always acted constitutionally,” he said. “We will take any step in future as required by the law and constitution.”
Analysts said the Supreme Court and Zardari could each argue they were in the right, but warned the crisis could bring down the entire government if allowed to escalate.
