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Weekend
Edition Hang the Judges and Lawyers Out to DryThe U.S. Game Plan in PakistanBy CHINA HAND The United States has been oddly silent on the central, precipitating factor in Pakistan's crisis: Musharraf's use of the State of Emergency to move against the Supreme Court that was poised to disallow his election to another term as president. The most likely interpretation is that the U.S. will disregard the illegality of Musharraf's bid for another term as president if he takes office as a civilian and lifts the State of Emergency prior to parliamentary elections. It looks like that's what's going on. And that probably means the judiciary gets hung out to dry. In John Negroponte's statement before leaving Pakistan there wasn't a word about restoring the Supreme Court, releasing the lawyers and judges from jail, or maintaining an independent judiciary. But there was a reference to Musharraf's second term:
The only people getting a leg up from the United States are the political parties, by extension Bhutto and her PPP:
With typical calculation, Bhutto's PPP also appears willing to let the judiciary twist in the wind, According to the newspaper Dawn:
The fact that the lawyers aren't getting lip service either from the United States or the PPP indicates that the last thing we want is for a straightforward legal challenge to the constitutionality of Musharraf's second term to upset the applecart. I guess our vision of democracy does not accommodate the idea of an activist judiciary seeking to enforce constitutional limits on an executive that sees itself as above the law. The back of the hand approach to Pakistan's lawyers is significant, and not just in a Hey! Look-who-got-shafted-this-time perspective on great power and machine politics in Pakistan. The nucleus of prosperous, bourgeois Pakistan's drive for civilian rule, political and theological moderation, and democracy is not the corrupt political parties headed by Bhutto and Sharif. It's the lawyers and judges who have been fighting for law-abiding, civilian, secular, and democratic rule since the beginning of this year that have been taking it on the chin. And they are probably so estranged from Musharraf by now that there's no concession that can reconcile them to him, and allow him to claim a second presidential term with the genuine backing of the judiciary. What to do? Maybe a dose of internal exile is what the doctor ordered! According to the University of Pittsburgh's Jurist legal news site, the deposed head of the Supreme Court, Iftkhar Mohammed Chaudrhy, expects Musharraf to try and remove him from his official residence and send him to a city called Quetta. And he doesn't mean to go quietly: Pakistan's Dawn newspaper quoted Chaudhry as saying:
I suppose Musharraf plans to pack the courts, grit his teeth at the rejection of the new legal system's legitimacy by a significant number of Pakistan's lawyers and judges, and expect that their discordant, principled voices will be drowned out by the babble of greedy, corrupt, and power-hungry politicos on the hustings come January. But having a vocal, educated, prosperous, organized, and terminally alienated group with a legitimate sense of grievance at the heart of Pakistan's bourgeoisie does not bode well for democracy American Style in Pakistan, for Musharraf, whatever military leader follows him...or for any opposition party that cuts a cynical deal with Musharraf for a share of power. A barrister recently released from detention made the point eloquently and forcefully. From Dawn:
It will be interesting to see if Bhutto, after weighing the lawyers in the balance against the army, the United States, and her own ambition, decides to ignore them, exploit them, or betray them. China Hand edits the very interesting website
China Matters Contains the Explosive Investigation That Rocked the Pentagon! General Petraeus's Counterinsurgency Manual Anthropologist DAVID PRICE exposes how the fabled Counterinsurgency Manual contains a chapter filled with "borrowed" quotations. Price reveals the crucial role in the debacle played by anthropologist Montgomery McFate. The University of Chicago Press is badly compromised. And much more. Get your copy today by subscribing online or calling 1-800-840-3683 Remember contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now ![]()
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