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Besieged Musharraf offers deal on judges

March 1st, 2008 durrani · 27 Comments

Source: The Australian

PAKISTAN President Pervez Musharraf has offered a deal to the winners of last week’s elections - to reinstate the chief justice if moves to impeach him in the new parliament are abandoned.

In a sudden backflip, Mr Musharraf reportedly sent an urgent message to Asif Ali Zardari, leader of the Pakistan People’s Party, offering to restore chief justice Iftikhar Chaudhry and more than 60 other judges to their posts.

In return, Mr Musharraf, his position increasingly isolated amid signs the US is backing away from his leadership, sought assurances that moves to impeach him would be quashed.

Chief justice Chaudhry has been held under house arrest since the then General Musharraf declared a state of emergency on November 3. His reinstatement, with that of other judges, is regarded as the key issue in Pakistan’s political turmoil.

Last week, even after voters had spurned him and the party that supported him, Mr Musharraf boasted he could conceive of no circumstances in which chief justice Chaudhry could be restored to the Supreme Court.

But an official was quoted yesterday as saying that “the presidency is (now) ready to restore the judges provided they don’t sit on benches hearing cases against the President”.

The official indicated Mr Musharraf had caved in to other key demands from the victorious coalition, saying: “President Musharraf has also agreed to forgo powers of sacking parliament and appointing service chiefs.” Sources close to Mr Zardari, widower of assassinated opposition leader Benazir Bhutto, said the PPP leader had promised to discuss the offer with the new Government.

It seems unlikely to prove acceptable to the new “grand coalition”, which believes that Mr Musharraf has no choice but to accept “the mandate of the people” and quit office after the party aligned to him was beaten in last week’s elections.

The offer is also unlikely to be acceptable to the powerful community of lawyers, which has led agitation against Mr Musharraf since he first attempted to sack chief justice Chaudhry on March 9 last year. Coalition leaders and lawyers are demanding the chief justice be restored to hear cases about Mr Musharraf’s legitimacy.

Mr Musharraf affirmed yesterday that he had no intention of resigning, telling parliamentarians from his defeated Pakistan Muslim League (Qaid) party: “I am elected for five years and will continue to play my role. I will not resign.”

Washington indicated a shift in its support for Mr Musharraf. US Deputy Secretary of State John Negroponte, regarded as the most determined exponent of the Bush administration’s embrace of Mr Musharraf, spoke of Washington’s support for Pakistan’s people rather than the President.

In testimony before the US Senate’s foreign relations committee, Mr Negroponte made scant reference to Mr Musharraf, emphasising that the US “looks forward to working with the new Pakistani leadership”.

He told senators “Pakistan has been indispensable” in the fight against extremists and that the US “looks forward to working with the leaders who emerge”.

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Filed Under: Elections 2008 · Emergency 2007 · Politics

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27 responses so far ↓

  • 1 Moeen Salahuddin // Mar 1, 2008 at 11:43 am

    Under which article of the constitution is the president empowered to restore the judges. Will this be a new appointment or will he recind the No 3 order of the COAS to remove the judges. Did the pco of November 3 also authorised the president to recind the orders of the COAS taken under the pco besides authoriseng him to remove the emergency.

  • 2 Sufi // Mar 1, 2008 at 6:15 pm

    Iblees Musharraf,the off spring of YAZID go. Go to hell
    Your days are numbered
    Vacate the army house and go to hell. Your predecessor IBLEES-1 fanatic ZIA,the Najaiz Child of YAZID is waiting for you.

  • 3 readinglord // Mar 2, 2008 at 5:21 am

    I think Mush has yet to realize what a ‘Mother of Blunders’ he has committed in trying to crush the judiciary along with the CJSC like he did with the PM and the entire civil system. He will have to pay for this ‘Mother of Sins’ dearly as even God cannot forgive sins against humanity.

  • 4 amin // Mar 2, 2008 at 1:45 pm

    Another blunder by the regime, privatization of PTCL resulting in 30,000 removed from service and 9.54 Billion loss to PTCL in July-Dec07 (6 months). PTCL 68% owned by pakistani awam.
    Very cruel and hair raising.

  • 5 readinglady // Mar 2, 2008 at 2:39 pm

    this is the best websight that i have come across in years. We should all apreciate the person who is managing this sight. well done god bless you

    about Musharaf he is the grandmother of disaster and it is unfortunate that this granny has set up residence in Pakistan. Why does he not go and live in the Gobi desert. We have had enough of earthquakes, balackouts scandals, bomb blasts, assasinations and famines. Sufijee is ko karbala lay jain or wahan chore dain

  • 6 durrani // Mar 2, 2008 at 8:06 pm

    @ reading lady
    yes this is a very good website but along with the person who manages the site, there are a number of individual contributors who regularly put up these news on this site for the benefit of other Pakistanis. So their time and effort is also a very important part of the reason this site is so informative and up to date about the current issues regarding Pakistan.

  • 7 Pakistani // Mar 3, 2008 at 2:53 am

    Musharraf is a virus which has been spreading for the last 9 years.now its a time to get rid of this virus once and for all…So i request all patriotic Pakistanis to stand up against Hitler Pervez Musharraf and save our motherland…….

  • 8 Sufi // Mar 3, 2008 at 1:41 pm

    I totally agree with the openion of a patriotic Pakisan. Every single Pakistani wants the ZIONIST agent to step down. IBLEES Musharraf is the real agent of the State Department residing in army house. He should be pubically hanged or hand over to a firing squad. His predecessors Ayub,Yahya and IBLEES Zia’s grave should be destroyed and thier bones should be set on fire so that no dictator dare to go for a coup.
    IBLEES Musharraf is the real enemy of Pakistan working to complete the hegemonic designs of Bush administraion. His days are numbered.

  • 9 mani // Mar 17, 2008 at 5:12 pm

    @sufi sahab
    app se kis ne keh dia k har pakistani musharraf ke khilaf ha 99% pakistani musharraf k sath han siwaey app jaisey kuch chor aur ghaddar logon ke jo pakistan ko destablized kerna chahtey han is liye aik tofan khara kia hoa ha aur mulk ko pori dunia me tamasha bana dia ha sham on you.

  • 10 najmi // Mar 17, 2008 at 11:48 pm

    DEAR READERS
    when ever u read SUFI name inthis web site
    just say LAHUL WILAQUWAT then u will notice that he will not apeard here at least 5 days

  • 11 mani // Mar 18, 2008 at 1:10 pm

    well said

  • 12 Abdul Basit Khawaja // Mar 19, 2008 at 11:43 pm

    GEO channel’s ‘Capital Talk’, a current affairs programme, which is hosted by Hamid Mir invited two very important guests to discuss the extra constitutional measures taken by President General(R) Pervaiz Musharaf. The guests were Aitzaz Ahsan, a warrior against anarchy, and Attorney General Pakistan Malik Mohd Qayyum- the Captain of the Defence Team of Musharaf. The show successfully transmitted the message of truth which has taken us out of the world of illusion in a blaze. By the end of the show Aitzaz Ahsan came out victorious as he managed to make Malik Mohd Qayyum accept things which were against the regime of Musharaf and his stance that the actions of November 3 were lawful.

    Firstly, Malik Mohd Qayyum admitted to the fact that the measures taken by Musharaf were Extra Constitutional, thus this certifies that General’s measures were against the constitution.Secondly, he proclaimed that personally he does not like monarchy but will defend Musharaf because previously courts used to bow down under martial law administrators - Army Generals. This comment is a huge contradiction plus a big lie because he is helping Musharaf to prolong his cling to the throne and fighting with Chaudary Ifthikar who has the distinction of being the first Chief Justice not to bow down against a military person. One ponders why he is not supporting the person who has fulfilled his personal desires then. Thirdly, the Attorney General informed us that a judge can only and only be removed by the provisions in Article 207 and nothing else which proves the point that Musharaf cannot suspend judges through an extra martial or in other words through an unconstitutional order. Moreover, when the question was raised by the host that judgments of the Supreme Court(SC) should be respected even if its a Chaudary Ifthikar SC or Hameed Dogar SC, Malik Mohd Qayyum said that the host is right as under the Article 190 under the constitution, the people of Pakistan have to respect the court rulings and that he is a firm believer of this Article. On that note, Aitzaz hit his winning blow which was ‘the feather’ which broke the ‘camel’s back’. He asked him a simple question - ‘ Why did you and your client not accept the decision of the Supreme Court led by Chaudary Ifthikar who passed the decision on November 2 that the proclamation of emergency is not required and summoned you to come to the courts on November 5 and clarify the stance of your client ?’.
    This caused a panic and made Malik Qayyum speechless or it actually left him in a state of gibberish. All the time before this TV show, Malik Qayyum stressed the fact that judges could be only restored with a 2/3 majority in the Parliament and Senate and not by a simple resolution. But as he was engulfed in a state of confusion by the shrewd lawyer, Attorney General had to accept that if the will of the people want the judges back through a simple resolution than that is a possible because Aitzaz Ahsan reminded him that he used the same tool to get Musharaf’s PCO rules validated by the then ‘outgoing parliament’ and Supreme Court.
    Therefore, it proves that President Musharaf has become the first President in the history of Pakistan who can be put on trial for the charges of molesting the constitution in other words for treason. I express gratitude to the media of Pakistan for becoming an eye wash for the people of Pakistan.

  • 13 Abdul Basit Khawaja // Mar 19, 2008 at 11:46 pm

    @ SUPPORTERS OF MUSHARAF
    Musharraf has brought loss to our country and nothing else. The proclamations by his aides regarding economic prosperity, peace, low poverty levels and on war on terror illustrates a false image in the minds of the people.

    According to a corruption watchdog survey I saw on a website, Pakistani public opinion perceived the first and second terms of Musharraf’s administration as respectively more corrupt than the first and second terms of previous administrations led by Bhutto and Sharif, respectively. Pakistani media too have alleged time to time that corruption of the previous governments was replaced by institutionalized corruption of the Pakistan Army, awarding land deeds, such as defense colonies in major cities, and a life of luxury to its ‘loyal’ officers. Musharaf’s government has cost taxpayer’s money hundreds of millions of rupees in order to hire a team of aristocratic lawyers to represent him in the courts. For instance, regarding the privatization of Pakistan Steel, whose worth is around Rupees 600 billion was being sold out for a mere Rupees 20.6 billions, the government had spent Rupees 90 million , with Sharifudin Pirzada-a prominent lawyer- alone hoarding 6.6 million rupees as fees. Another example from several more, Musharraf appointed Shaukat Aziz as finance minister during his tenure as the Chief Executive. World powers supported Pakistan financially rescheduling debt to reward Pakistan due to the support it gave in the war on terror which helped in saving hundreds millions of dollars, in addition Musharaf was able to secure new loans. Result - foreign exchange reserves increased exceeding $16 billion in 2006, but at the same time foreign debt hit an all time high topping $40 billion.

    The portrayals from his side are bogus so that he can create an illusion to put his trial and accountability on the back burner. To lead one needs to be honest i.e. not to break their undertakings. Late 2003, Musharraf made a deal with the religious party MMA agreeing to resign from the army by 31 Dec 2004. With that party’s support, pro-Musharraf members were able to gather the two-thirds majority required to pass the controversial17th Amendment, which legalized Musharraf’s 1999 coup and many of his decrees. In late 2004, Musharraf went back on his promise and Musharraf’s legislators in the Parliament passed a bill allowing him to keep both offices.

    According to the following articles from the constitution mentioned here, Musharaf should be charged for treason and fire-starting corruption to the country.
    According to Article 6 of the Constitution of Islamic Republic of Pakistan:-
    “Any person or persons who commit the act of mutiny against the parliament, judiciary and/or the elected members and officials of parliament is/are guilty of committing the highest treason. This person or persons committing such an act must be charged and prosecuted in the court of law and sentenced to death if found guilty”
    Article 243.1 of the constitution of Pakistan states that ‘The Federal Government shall have control and command of the Armed Forces’ and when a person is commissioned as a member of the Armed Forces, takes the following oath
    “I ——, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan Army (or Navy or Air Force) as required by and under the law.”
    Such a hypocrite and corrupt person should not be supported. By voting in favour of the ‘Kings Party’, Pakistan will be thrown back into the times of ‘Pharoh’ where the people of Musa (A.S) were harshly treated as slaves. A quote of Lao Tzu strikes a chord in my mind, “Governing a great nation is like cooking a small fish - too much handling will spoil it,” this quote shows the true picture into the minds of the people of Pakistan of what Musharaf is doing to the country.

    A book fatter than the encyclopedia eating dust on my shelf can me made easily on MUSHARAF’S CORRUPTION FINANCIALLY AND THE LOSS HE HAS BROUGHT TO OUR NATION.

  • 14 Abdul Basit Khawaja // Mar 19, 2008 at 11:48 pm

    Thankfully, moderate forces won which should bring end to the regime of dictatorship which is against the will of the people and most importantly against the will of ALLAH as Islam does not support the idea of A ONE MAN SHOW.

  • 15 Moeen Salahuddin // Mar 21, 2008 at 5:12 pm

    I think the moot point here is the illegal excersize of power by the COAS on November 3.
    The act of November 3 was a subversion of the constitution and we all know the legal consequences in theory but this is also a political question. The politicians have to find a quid pro quo in which this kind of an act is stopped from taking place ever in future without any disturbance to the political process. There is no dearth of skillfull politicians in our new setup who can handle this situation. The only problem can be from the army. If the army has decided to confine itself to the role defined in the constitution there should be no problem.

    If the parliament accepts the right of the COAS to change the constitution it will accept in principal the right of the COAS to change the constitution in the future also. This is not acceptable to anyone. This amounts to not having a constitution at all. The insertions of November 3 in the constitution are illegal and they should be removed by the law ministry so that an authentic copy of the constitution is relaeased for publication. The executive must withdraw all the orders made on the basis of these unauthorised changes in the constitution.

  • 16 Kabool // Mar 21, 2008 at 5:23 pm

    have you seen the number of people begging in The big cities of Punjab. progress my foot

  • 17 ibrahim munir // Mar 23, 2008 at 12:35 am

    Musharraf zindabad i like his policies and i support him i respect his decisions and see him as a true patriot cause the way he has handled pakistan during the crisis is truly applaudable and i dont give a cent to the hatred and foolish propoganda and mushrarraf infact he is a lot better then the corrupt politicians of pakistan.

  • 18 Kabool // Mar 23, 2008 at 10:18 pm

    It is upto Musharaf. If he changes and accepts the supremacy of the parliament than he can stay

  • 19 Kabool // Mar 24, 2008 at 3:00 pm

    many people like Musharaf but more want him to retire to a private life

  • 20 mani // Mar 28, 2008 at 4:17 pm

    @kabool
    ap is bat ko ab kabool ker hi lo ke musharaff aik haqiqat ha pora pakistan us ke sath ha siwaey kuch mafad paraston aur ghaddaron ke jo pakistan me inteha pasandi aur nafrat ka parchar kerna chahtey han

  • 21 Kabool // Mar 29, 2008 at 9:50 am

    Tum theek kehtay ho. Negroponte or Boucher bhi yehi baat kertay hain. Aap zroor washington kay citizen ho gay

  • 22 Kabool // Mar 29, 2008 at 9:52 am

    Long live Mushraf. But Lets bury him alive

  • 23 Abdul Basit Khawaja // Mar 30, 2008 at 2:33 pm

    “Na mera Pakistan hai Na tera Pakistan HaiYeh us ka Pakistan hai jo Sadr-e-Pakistan Hai.”

    English tranlation - Pakistan is neither mine nor yours, It belongs only to the the President of Pakistan

    When will these dictators stop assuming that Pakistan is not their personal property ?

  • 24 Kabool // Mar 31, 2008 at 2:35 pm

    sawaal to yay hai kay sadre Pakistan kis ka hai

  • 25 Kabool // Mar 31, 2008 at 2:39 pm

    agar wo meri constitution ko repect naheen karta to phir wo kis ka sadre hai or kis kaam ka sadre hai or kis mrez ka illag hai

  • 26 Abdul Basit Khawaja // Apr 1, 2008 at 3:05 am

    He is not our President, thats what I know. Kiska bhi ho..doesnt concern.

  • 27 Kabool // Apr 1, 2008 at 6:54 pm

    merey bhai us ko ghar bhej saktay ho to bhir zroor bhejo. In any case it is the parliament which has to deal with this man not us any more.

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