Pakistan braces for judicial war

Islamabad , April 27 — Pakistan President Asif Ali Zardari and his government are now getting ready for one last battle – possibly the toughest one yet – in which they will take on the judiciary which has questioned parts of the 18th Amendment Act. The bill was passed into law last week amidst much fanfare and with the endorsement of all the major political parties of the country. The Supreme Court has formed a larger bench to hear petitions against the 18 Amendment Act, particularly objections raised against Clause 175-A which deals with the appointment of judges to the superior courts. Petitioners, which include the son of former military strongman General Zia ul Haq, have asked that the supreme court strike down the 18th amendment “as it is against the constitution.” The line being taken by the petitioners is that the 18th Amendment Act changes some very basic concepts of the constitution which it is not empowered to do. Ijazul Haq argues that “it is not the mandate of the present parliament to alter the constitution as this is the job of a constituent assembly.” Another petitioner – Akram Shaikh pleaded that the procedure proposed in the 18th Amendment for appointment of judges to the superior judiciary “is the fourth attack on the judiciary and must be checked.” He prayed to the court to “define the the paremeters according to which the parliament can make laws.” Amongst the legal community, there is heated debate over whether the Supreme Court can strike down an act of parliament. On one side is the president of the Supreme Court Bar Association, Qazi Anwar, who says that no changes can be made against the spirit of the constitution. On the other side is Aitezaz Ahsan, former lawyer for Chief Justice Chaudhry Iftikhar who says that the Supreme Court lacks the jurisdiction to strike down constitutional amendments. Ruling party politicians insist that the government will fight a legal battle with the judiciary and if all else fails, “will take the case to the people.” A possible political referendum is being hinted. In all this, there are fears that the government will enter into another protracted political crisis – which it can ill afford at this point.

So far, the statements being issued by PML-N leader Nawaz Sharif indicate that while the party is not in favour of a confrontation, if required it will stand for the supremacy of parliament. This has given the Zardari government comfort for the long term.

Fiji judges re-appointed

Wellington – Fiji’s Chief Justice, Briton Anthony Gates, who ruled last year that the military’s seizure of power in a bloodless coup in December 2006 was legal, has been re-appointed, it was reported from the capital Suva on Saturday.

President Josefa Iloilo sacked all the country’s judges and abolished the constitution on April 10 after the Court of Appeal overturned Gates’ ruling and declared the regime headed by military strongman Voreqe Bainimarama illegal.

The ailing 88-year-old president who supports Bainimarama, re-appointed Gates and fellow High Court judges Davendra Pathik and Daniel Gounder Friday and swore in Sosefo Inoke as a new judge.

Pathik was on the bench with Gates in the three-judge panel that rejected claims by former prime minister Laisenia Qarase that he had been illegally ousted by Bainimarama.

New Zealand and Australian lawyers have frequently served as judges in Fiji, and the New Zealand Law Society’s president John Marshall urged them last month not to work for the military regime.

Gates defended his decision to accept re-appointment, the Fiji Daily Post said Saturday, quoting him as saying, “There is no doubt that the judiciary must continue.

“Without the judges there will be no court and therefore no remedies will be available for clients and no justice for the victims of serious crimes,” he said.

Fiji is being governed under emergency regulations which censor the media and ban political meetings. (dpa)

Emergency in Fiji as president revokes constitution

Wellington, April 10 (DPA) Fiji was placed under emergency rule Friday after President Ratu Josefa Iloilo revoked the constitution and sacked the Court of Appeal judges who declared the military government illegal, according to reports from the island nation’s capital Suva.

In his first decree after assuming supreme powers, the ageing and ailing Iloilo introduced public emergency regulations and moved censors into newspaper, radio and television offices charged with stopping the broadcast or publication of anything that would undermine his rule or cause ‘disorder’, the Fiji Times online reported.

Military strongman Commodore Voreqe Bainimarama, who had ruled since seizing power in a bloodless coup in December 2006, stepped down Thursday following the Court of Appeal’s judgment that his government was unlawful.

But observers in New Zealand and Australia said Bainimarama remained in charge behind the scenes and Iloilo, who told the nation it would be five years before fresh elections are held, was acting on his behalf.

‘Puppet is the word I would use,’ said Brij Lal, a professor at the Australian National University, Canberra. ‘He is old, he is over 80, he is ineffective and ineffectual and in ill health.’

New Zealand Foreign Minister Murray McCully dubbed Iloilo’s actions ‘a serious step backwards’ for Fiji and its 837,000 people.

‘The president’s decision, no doubt prompted by the commodore, to override the constitution, sack the judges and depend upon the military to keep an unlawful regime in power will compound the already serious economic difficulties confronted by Fiji,’ McCully said.

In an address to the Pacific island nation, Iloilo said he believed Bainimarama, who had ruled since seizing power in a bloodless coup in December 2006, had ‘performed extremely well, brought up new ideas, reforms and improved the lives of the ordinary people,’ the Fijivillage website reported.

Assuming powers as head of state, Iloilo said he would appoint a new judiciary and a new interim government, which would need five years to implement reforms required before ‘true democratic and parliamentary elections’ could be held by September 2014.

Three judges of the Court of Appeal ruled Thursday that Bainimarama’s government was unlawfully appointed and said the president should appoint an independent caretaker prime minister to dissolve parliament and call a general election.

Abrogating the 1997 constitution, Iloilo said he would install a new ‘legal order’.

‘New judicial appointments will need to be made for all judges, magistrates and other judicial officers,’ he said.

Iloilo assured the country that he had the full backing of the security forces and said he had directed Bainimarama, who remains head of the military, ‘to take all reasonable steps’ to ensure peace is maintained.

United Nations Secretary General Ban Ki-moon called for calm in Fiji and urged ‘full respect for human rights, the rule of law and the judicial process’, in a statement issued by his spokeswoman.

‘It will also further delay the point at which the international community can give Fiji the help that is urgently needed.’

Bainimarama, stepping down Thursday as prime minister, told the nation, ‘The ruling of the Court of Appeal and its refusal to grant a stay pending appeal means, in practical terms, that we effectively do not have a prime minister or any ministers of the state.

‘In other words we do not have a government in place.’

Bainimarama has refused calls by New Zealand, Australia, the European Union, the US and the Pacific Islands Forum to restore democracy by holding elections this year.

The Court of Appeal ruling overturned a decision by the High Court that held that Bainimarama’s regime, which ousted the elected government headed by Laisenia Qarase, was legitimate.

Bainimarama, who accused Qarase’s government of being corrupt and biased in favour of the indigenous Fijian majority against the ethnic Indian minority, has refused to go to the polls until a new one-man, one-vote electoral system is in place.

He said the existing system was to blame for the four coups and army mutiny that have devastated Fiji’s fragile economy since 1987 and divided the South Pacific nation.

Military coup was illegal, rules Fiji court

Wellington, April 9 (DPA) Fiji’s Court of Appeal Thursday ruled that the military coup that ousted an elected government in December 2006 was illegal, according to reports from the capital Suva.

The court ruled that military strongman Voreqe Bainimarama’s government was unlawfully appointed and the president should appoint an independent caretaker prime minister to dissolve parliament and call a general election.

Bainimarama, who appointed himself prime minister after taking over, has refused calls by New Zealand, Australia, the European Union, the US and the Pacific Islands Forum to restore democracy by holding fresh elections this year.

The decision of the three judges of the Court of Appeal overturned a decision by the High Court that held that Bainimarama’s regime was legitimate.

But the panel rejected a call by attorneys for ousted prime minister Laisenia Qarase that he be reinstated pending new elections, the independent Fijilive website reported.

Bainimarama, who accused Qarase’s government of being corrupt and biased in favour of the indigenous Fijian majority against the ethnic Indian minority, has refused to go to the polls until a new one-man, one-vote electoral system is in place.

He said the existing system was to blame for the four coups and army mutiny that have devastated Fiji’s fragile economy since 1987 and divided the South Pacific nation, which has a population of 837,270, according to a 2007 census.

Census figures showed that 25,000 Indians left the troubled country from 1996 to 2007 while the number of indigenous Fijians rose by more than 82,000.

The Court of Appeal granted Solicitor-General Christopher Pryde leave to appeal its judgement while refusing his application to grant a stay on its decision, Fijilive reported.

Meanwhile, four political parties were excluded from a dialogue forum of political leaders that Bainimarama called Thursday to discuss a solution to Fiji’s political and constitutional crisis.

Qarase said the four parties represented the majority of Fiji’s voters and could not be left out of the discussions.

Fiji appeals court rules military coup was illegal

Wellington – Fiji’s Court of Appeal ruled Thursday that the military coup that ousted an elected government in December 2006 was illegal, according to reports from the capital, Suva.

The court ruled that military strongman Voreqe Bainimarama’s government was unlawfully appointed and the president should appoint an independent caretaker prime minister to dissolve Parliament and call a general election.

Bainimarama, who appointed himself prime minister after taking over, has refused calls by New Zealand, Australia, the European Union, the United States and the Pacific Islands Forum to restore democracy by holding fresh elections this year.

The decision of the three judges of the Court of Appeal overturned a decision by the High Court that held that Bainimarama’s regime was legitimate.

But the panel rejected a call by attorneys for ousted prime minister Laisenia Qarase that he be reinstated pending new elections, given the length of time since his removal, the independent Fijilive website reported.

Bainimarama, who accused Qarase’s government of being corrupt and biased in favour of the indigenous Fijian majority against the ethnic Indian minority, has refused to go to the polls until a new one-man, one-vote electoral system is in place.

He said the existing system was to blame for the four coups and army mutiny that have devastated Fiji’s fragile economy since 1987 and divided the South Pacific nation, which has a population of 837,270, according to a 2007 census.

Census figures showed that 25,000 Indians left the troubled country from 1996 to 2007 while the number of indigenous Fijians rose by more than 82,000.

The Court of Appeal granted Solicitor-General Christopher Pryde leave to appeal its judgement while refusing his application to grant a stay on its decision, Fijilive reported.

Meanwhile, four political parties, including Qarase’s own, were excluded from a dialogue forum of political leaders that Bainimarama called for Thursday to discuss a solution to Fiji’s political and constitutional crisis.

Qarase said the four parties represented the majority of Fiji’s voters and could not be left out of the discussions. (dpa)

Pakistan’s top judge returns to court, urges end to corruption

Islamabad – Pakistan’s top Supreme Court judge held court on Tuesday, more than 16 months after his dismissal by former military president Pervez Musharraf.

A crowd of jubilant lawyers dressed in black suits chanted slogans and threw rose petals as Iftikhar Muhammad Chaudhry arrived at the Supreme Court building with official protocol.

Chaudhry, 59, was reinstated by Prime Minister Yousuf Raza Gilani on March 16 as lawyers and opposition political activists marched to the capital Islamabad for a sit-in.

Pakistan was gripped by mass protests since November 3, 2007, when then-president and army chief Musharraf sacked Chaudhry and 60 other judges amid fears that they might undo his re-election.

The government’s surprise move last week warded off a showdown that could have thrown the nuclear-armed nation into a political turmoil.

Chaudhry effectively resumed office after Saturday midnight, but returned to work on Tuesday, following the weekend and a national holiday on Monday.

The respected jurist thanked God for the restoration of “original courts” and asked attorneys help purge the judiciary of “endemic corruption.”

Chaudhry won plaudits for standing up to a military dictator and pursuing sensitive cases against the state in public interest.

But even on his return under a democratic government, the judge faces pressures on controversial issues, including ones that could alter the political balance.

Gilani’s government has already moved Chaudhry’s court to review a verdict that barred top opposition leader Nawaz Sharif and his brother, Shahbaz Sharif, from public office.

Some opposition groups are also banking on Chaudhry to rescind a Musharraf law that cleared current President Asif Ali Zardari, the widower of former prime minister Benazir Bhutto, of graft charges.

Zardari replaced Musharraf as president after the former military strongman resigned in August 2008 under threats of impeachment.

Zardari repeatedly broke promises to reinstate Chaudhry, but finally gave in last week to defuse a potentially explosive political crisis that threatened the demise of his party’s government.

On Monday, he told the Sky News television channel that the climbdown on judge’s reinstatement had not weakened his presidency, a claim few analysts took seriously.

Pakistan’s shaky political situation, coupled with its struggling economy and growing insurgency, has set alarm bells ringing for the West, which considers the Islamic republic a linchpin in the fight against al-Qaeda and Taliban militants in Afghanistan.

David Kilcullen, adviser to US Centcom commander General David Petraeus, recently told The Washington Post that Pakistan could collapse within six months, warning such a situation would “dwarf” all the crises the world faced today. (dpa)

2ND ROUNDUP: Pakistani government makes moves to restore stability

2ND ROUNDUP: Pakistani government makes moves to restore stability Islamabad – Pakistan’s government Saturday announced a proposal that it hopes will calm growing political tensions in the nuclear-armed country.

The announcement came after US Secretary of State Hillary Rodham Clinton placed separate calls to Pakistani President Asif Ali Zardari and opposition leader Nawaz Sharif, in last-ditch efforts to end a stand-off between them over the restoration of a top judge sacked by former military strongman Pervez Musharraf in 2007.

Aside from the nation’s nuclear capabilities, Pakistan has also become a key US ally in the international fight against terrorism. That has only increased US concerns as tensions rose in Pakistan.

According to a statement from Zardari’s office, the government has agreed to address the issue of restoration of judges by adhering to principles agreed upon in a charter of democracy signed in 2006 betwen Sharif and Zardari’s slain wife and ex-premier Benazir Bhutto.

However, the document only pledges an independent judiciary and restoration of democracy, not the reinstallation of the judge in question, a point that has not gone unnoticed in Sharif’s camp.

An alliance of opposition parties, led by Sharif and the influential legal community, has launched a cross-country march scheduled to reach Islamabad on Monday to force Zardari to fulfill promises to reinstate Iftikhar Chaudhry, an independent-minded judge, and several of his colleagues.

The massive demonstration in Islamabad could attract tens of thousands of protesters and result in political chaos.

Sharif threw his weight behind what was originally a lawyers’ movement in February, after the country’s Supreme Court barred him and his brother Shahbaz Sharif from elected office. He said he believes Zardari ordered the verdict, an accusation the government flatly denies.

Zardari has tried to suppress the protests by ordering the arrest of more than 1,000 activists. Thousands of paramilitary troops have also been called out in Islamabad while law enforcement agencies have seized thousands of containers and trucks to block roads.

An army spokesman said the government has put military troops on standby to control the protests. “These can be deployed in sensitive areas of some districts if the situation gets out of control,” Major General Athar Abbas said.

This has raised concerns in Washington and other Western nations, which want Pakistan to focus on the fight against Taliban and al- Qaeda militants who sometimes launch cross-border attacks on US-led international forces in Afghanistan from Pakistan.

US and British diplomats have tried to broker a deal between Sharif and Zardari. Pakistani military chief General Ashfaq Parvez Kayani is also part of the reconciliation efforts that were intensified on Saturday.

However, Zardari showed flexibility only after receiving a phone call from Clinton who, according to media reports, expressed deep concern over the deepening political crisis in Pakistan.

Under the proposed compromise package, Zardari’s government will try to reverse the controversial ruling against Sharif brothers.

“The federal government will file a review petition in the Supreme Court against the verdict of the Supreme Court disqualifying Mian Nawaz Sharif and Mian Shahbaz Sharif from electoral politics,” the statement said.

The Sharif brothers’ Pakistan Muslim League-Nawaz (PML-N) party welcomed the announcement with scepticism.

The charter of democracy doesn’t say anything about the restoration of judges, it only talks about the appointment of an independent judiciary, read a statement from PML-N.

“The government must clarify whether it would restore the deposed judges or not. Sharif’s qualification is not the issue, currently. The basic issue is restoration of judges,” it said further.

Meanwhile, opposition parties and anti-government lawyers were in the midst of their cross-country march Saturday, travelling through the eastern province of Punjab en route to Islamabad.

Around 2,000 black-suited lawyers gathered in the central town of Multan, where they scuffled with riot police who stopped them from embarking on their journey to Punjab’s capital, Lahore. They chanted slogans like “Death to Zardari,” “Zardari is a dog” and “restore the chief justice.”

Zardari has ordered a blockade of transmissions of the country’s most popular Geo news channel in many cities, the broadcaster reported. The government has denied the blockage.

The hard-handed tactics triggered criticism from rights activists and even dissent within Zardari’s own Pakistan People’s Party (PPP).

Information Minister Sherry Rehman resigned Friday night after failing to persuade Zardari to lift the ban on telecasts. Rehman is the second minister to resign from the cabinet in less than two weeks. (dpa)

Pakistan braces for turmoil as Zardari’s hold loosens

IslamabadĀ  – Fears are growing that the Pakistani opposition’s planned march on Islamabad this week might throw the nuclear-armed country into chaos and put the political future of pro-Western President Asif Ali Zardari at risk.

The political confrontation could also drive Pakistan away from its fight against extremism and efforts to overcome its economic crisis, two prime concerns Western governments want the Islamic country to focus upon.

An alliance of opposition parties, headed by two-time former prime minister Nawaz Sharif and the influential legal community, plans to start a protest rally, dubbed a long march, from the southern port city of Karachi Thursday and reach Islamabad four days later.

It plans to hold a sit-in in the capital until its demand for the restoration of the judiciary under independent-minded former chief justice Iftikhar Chaudhry is met.

The march was expected to swell in numbers as it travels through the eastern province of Punjab, Pakistan’s most populace region and a stronghold of Sharif.

“It will have very dangerous dynamics for the country,” said Rasool Bux Raees, a political science professor at the prestigious Lahore University of Management Sciences. “Violence, instability, protests, strikes and more confrontation will grow, and the government has not really realized the gravity of the situation.”

Sharif’s conservative Pakistan Muslim League-Nawaz joined Zardari’s liberal Pakistan People’s Party (PPP) in a coalition government after February 2008 elections, which saw the defeat of the political supporters of former military strongman Pervez Musharraf and the restoration of civilian rule after eight years.

But Sharif parted from Zardari after the president showed reluctance in fulfilling his promise of reinstating Chaudhry, who was sacked by Musharraf under emergency rule in late 2007.

The rift between the two widened last month when judges loyal to Zardari banned Sharif from elected office and nullified the election of his brother Shahbaz Sharif, suspending his provincial government in Punjab. Zardari said he did not dictate the verdict.

The February 25 court ruling triggered occasionally violent, countrywide protests and kept businesses closed for three days in Punjab, home to more than 60 per cent of Pakistan’s 160 million people.

The concerns have grown in Washington and other Western capitals that the political infighting would divert Pakistan’s attention from its fight against the Taliban and al-Qaeda militants launching cross-border attacks in Afghanistan.

British Foreign Secretary David Miliband said last week that the two leaders should put their differences aside and unite against the “mortal threat Pakistan faces,” but the advice was not heeded by either side.

The efforts for mediation between the traditional opponents by US and British envoys also were unfruitful.

In a move that was likely to fail ahead of this week’s march, the Pakistani government banned rallies in Punjab and arrested dozens of Sharif’s supporters in a countrywide crackdown early Wednesday. Thousands of paramilitary troops were called in, and police were alerted to stop the protesters from entering the capital.

Pakistan’s top security official, Rehman Malik, warned Sharif that his anti-government speeches are tantamount to sedition, which may be punished by a life sentence.

“Unfortunately, President Zardari and his loyalists have little political experience,” Raees said. “They live in self-delusion that they can control the situation and suppress the opposition.

“Instead of finding the political means to resolve the issue, he is trying to block the rallies, but such attempts are unlikely to defeat the resolve of the seemingly charged opposition.”

“And this is also going to put his own political future at stake,” the professor added.

Zardari rose to power by chance after his wife, Benazir Bhutto, the former prime minister, was killed in a gun-and-bomb suicide attack during an election rally in late 2007. He became the head of her PPP and eventually the president.

But he has remained unpopular among the public for alleged corruption involving more than 1 billion US dollars during Bhutto’s 1993-96 premiership.

Dissenting voices also emerged recently in his own party, challenging his decision to ignore senior party leaders and appoint inexperienced but loyal friends to key government posts.

The PPP’s leader in the Senate and Bhutto’s close aide, Raza Rabbani, resigned as a federal minister and Senator Enver Baig quit the chairmanship of the Senate’s foreign affairs committee in protest over Zardari’s nepotism, media reports said Tuesday.

There was also speculation about tensions escalating between Zardari and Prime Minister Yousuf Raza Gilani, also of the PPP. Gilani has occasionally resisted directives from Zardari, media reports said.

“From day one, Mr Zardari has tried to grab all powers for himself, and this has left him with few friends and many enemies,” said the analyst and retired military general Talat Masood.

“It seems now that he has fallen in his own trap,” Masood said, warning that if the crisis becomes acute, the country’s military might intervene. “I don’t see any future for him. Only a miracle will save him.”

But Raees argued the military was unlikely to intercede. “Given the international scenario, the military is not in a position to take over as it has done in such political deadlocks in the past,” the professor said.

“But if the political disorder grows further it might adopt a minus-Zardari formula that would amount to a removal of Zardari and bringing together all the political forces under certain parameters,” he added. (dpa)

Fiji gets “passport to poverty,” says New Zealand leader

WellingtonĀ  – Fiji military strongman Commodore Frank Bainimarama is delivering his country “a passport to poverty” with his refusal to hold democratic elections, New Zealand Prime Minister John Key said Monday.

“He needs to recognize that if he wants Fiji to progress and to be taken seriously by both the (British) Commonwealth and the Pacific Forum leaders he needs to demonstrate that he has got a willingness for democracy to be restored,” Key told reporters at his weekly news conference.

Bainimarama, who seized power from the elected government in a bloodless coup in December 2006, has rejected appeals by the Commonwealth and fellow leaders in Pacific island countries to hold elections this year.

The European Union and United States have also told Bainimarama, who has declared himself prime minister, that they will not revive their badly needed economic aid to his South Pacific nation of 932,000 people until he restores democracy.

A group of ministers from the 53-member British Commonwealth who met in London on Wednesday said Fiji would be suspended in September if Bainimarama did not go to the polls this year.

Bainimarama immediately responded by saying, “If they want to suspend Fiji, they can do it now. Nobody is going to interfere with what we are trying to do. There’s going to be no election.”

Leaders of the 16-member Pacific Forum said last year that Fiji, a founding member of the paramount regional organisation, will be suspended if it does not announce an election date by May.

Key said New Zealand was willing to help Fiji with money or administrative assistance to hold elections “but at this stage there doesn’t appear to be a lot of desire by Mr Bainimarama to move.”

Bainimarama has consistently said that he wants to change the voting system which favours indigenous Fijians over the ethnic Indian minority before holding fresh elections.

He blames the system for four coups which have toppled elected governments in Fiji since 1987, damaging the economy and scaring off investment capital. (dpa)