Row over Pakistani judges risks political turmoil

Feb 14, 2010, 13:28 GMT

Islamabad - Fresh political tensions gripped Pakistan Sunday after the weekend disagreement between President Asif Ali Zardari and the country's Supreme Court over appointment of senior judges.

At the height of the confrontation, opposition leader and former prime minister Nawaz Sharif declared Zardari as 'the biggest threat' to the democratic order in the country.

Zardari notified the appointments late Saturday through the law ministry, but they were suspended within hours by the Supreme Court for appearing in violation of the constitution.

A court order said the president was constitutionally bound to consult the chief justice before appointing a Supreme Court judge; however, no such consultation was on record.

But Information Minister Qamar Zaman Kaira told the state-run newswire that 'President Asif Zardari took the decision after thorough consultations.'

The senior official of the law ministry who issued the notification was asked to appear in the court on February 18 to plead the case.

A crisis has been simmering for weeks as Zardari differed with Chief Justice Iftikhar Mohammad Chaudhry over filling of judicial vacancies.

This came two months after the Supreme Court, headed by Chaudhry, struck down an amnesty that protected Zardari and his key aides from graft allegations, and ordered the government to reopen the cases.

Zaradri, who now enjoys presidential immunity from prosecution, developed differences with the judiciary soon after he was elected to the office by his ruling Pakistan People's Party (PPP) in September 2008.

He reluctantly reinstated Chaudhry, who was dismissed in November 2007 by then president Pervez Musharraf, last March as political groups, lawyers and civil rights activists planned a major protest in Islamabad for the restoration of the independent-minded judge.

Analysts had commented that Zardari tried to block Chaudhry's return to office in the wake of fears that he would undo the amnesty, which ultimately did happen.

Sharif said on Sunday that Zardari's actions and 'poor governance' by the PPP were threatening the democratic set-up.

'In my views Mr Zardari today is the biggest threat to the democracy,' Sharif said, warning that his party could take 'important decisions' in coming days 'so that the entire nation does not suffer because of the rulers' dreadful mistakes.'

Sharif's remarks were seen as a serious concern for Zardari as till now his party, though in opposition, had been supporting the government.

Local media and commentators feared that the powerful military might intervene if the deepening row threatened political turmoil at a time when the country was battling growing Taliban insurgency.

'Historically, clashes between these two institutions (the presidency and the judiciary) have led to disastrous consequences for democracy and constitutional continuity,' an editorial in the Dawn newspaper said on Sunday.