NEWS

Pak govt moves to avert showdown with judiciary

By Rezaul H Laskar
February 15, 2010 18:21 IST

As lawyers paralysed the working of courts across the country, Pakistan government has moved to avert a showdown with the judiciary by initiating steps to end the row over the apex court striking down appointments made by President Asif Ali Zardari. Lawyers organised rallies and protests in Islamabad, Rawalpindi, Lahore, Quetta, Peshawar and cities across the country on Monday to protest the judicial appointments made by the president without consulting Chief Justice Iftikhar Chaudhry.

The Supreme Court had on Saturday struck down two judicial appointments made by Zardari that went against the recommendations of the fiercely independent chief justice The apex court's move triggered fears that the Pakistan Peoples' Party and the judiciary could be headed for a showdown that could destabilise the government. Prime Minister Yousuf Raza Gilani has launched efforts to distance himself from the appointments made by Zardari, with members of his camp telling the media that his advice on the issue was not considered by the presidency.

Sources told PTI that Gilani's camp had even sent feelers in this regard to the judiciary. During a meeting on Sunday with Chaudhry, Attorney General Anwar Mansoor delivered a message from the premier that the government respected the supreme court's order quashing the judicial appointments and did not want any confrontation between institutions, the Dawn newspaper reported. Mansoor also reportedly told the chief justice that Gilani was in consultation with the president on the issue and the government's point of view will be submitted before the apex court when the matter is taken up again on February 18.

Gilani too appeared conciliatory, telling reporters during an interaction near Rawalpindi on Sunday that his government would

implement whatever decision is made by the apex court about the appointment of judges. He suggested that any government could make a mistake and said the court's verdict would be the deciding factor. In Lahore, judges did not hear most cases at the request of the local bar association. Only a handful of urgent cases were heard in the judges' chambers.

A strike by the lawyers paralysed the working of courts across the four provinces of Pakistan. Supreme court bar association president Kazi Anwar said the strike was called to express solidarity with the judiciary and to protest the president's orders. Following peaceful rallies in Rawalpindi and Islamabad, lawyers gathered near the supreme court and staged protests outside parliament and the prime minister's secretariat. The lawyers shouted slogans against Zardari and Law Minister Babar Awan, one of the President's closest confidants who is believed to have played a key role in the decision on the judicial appointments.

The protests were reminiscent of the movementorganised by lawyers after former military ruler Pervez Musharraf removed Chief Justice Chaudhry in 2007. The prime minister has said the decision on the judicial appointments was made after consulting constitutional and legal experts. "The decisions sometimes hit the mark and sometimes they go wrong but there is no wrong that has no remedy," he said. Legal experts have said the current imbroglio centres round the interpretation of Article 177 of Pakistan's constitution, which states that the apex court chief justice will be appointed by the president and "each of the other judges shall be appointed by the president after consultation with the chief justice". Some experts have said that the president has to consult the chief justice but the latter's advice is not binding.

Rezaul H Laskar in Islamabad
Source: PTI
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