Last August, I wrote:
About deposed Chief Justice Iftikhar Chaudhry: it is strange how so many powerful Pakistanis fear one good judge. It is a testament to how much political and financial power are contingent upon a state of lawlessness and graft. It is also strange that the rule of law movement is being opposed so vigorously when Baitullah Mehsud has accelerated his plans to establish his own judicial system across the tribal areas. In a sense, Pakistanis face a choice between Iftikhar Chaudhry and Baitullah Mehsud. Eliminating the former is a vote for the latter.
Today, President Asif Zardari is on the verge of making peace with Mehsud’s [ex?-]associate Maulana Fazlullah. Without trying, Zardari has given up on establishing an effective civil judicial system in the greater Swat area.
At the same time, Zardari has declared war on a movement focused on establishing the rule of civil law, led by deposed Chief Justice Iftikhar Chaudhry.
The formula of [Judicial System - Leading Rule of Law Movement Symbol = No Competition for Medieval Militants] has essentially been realized.
The Peoples Party has used a strategy of deferral till death (or death by deferral) for ‘contentious’ issues, such as restoration of the restored judges.
But look at the costs. Law Minister Farooq Naik has been sitting on a “judicial reform” plan for around half a year. Reforms that would produce speedy, effective civil justice — such as establishing night courts — are being delayed so they can be packaged with a boat load of other goodies (such as lowering the judges’ retirement age from 65 to 62 to expedite CJ Iftikhar’s retirement to December 2010).
These goodies will be packaged with another set of goodies for other political parties (Pakhtunkhwa for the ANP; provincial autonomy for the ANP & MQM) to create a mega-constitutional package. The idea is that other political parties, save for the PML-N, will be satisfied enough as to go forward with neutering the courts (by removing the chief justice’s suo moto power) and not ask for a reduction in presidential powers.
[Regarding the presidential powers, note that on the very day Zardari was sworn in as president, Jehangir Badr began equivocating on the issue of nominalizing the presidency. Neither the ANP nor the MQM have proposed a reduction in presidential powers. Also, keep in mind that Washington does not trust Gilani. He is seen as not being able to keep a secret from the ISI.]
The cost of Zardari’s power grab and war against Iftikhar is clear. The ultimate victims of Zardari’s strategy of deferral till death are the Pakistani state system and the people it should be serving.
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