Reproduced from the Wall Street Journal, March 23, 2009
ISLAMABAD -- Thousands of Pakistanis celebrated the
reinstatement of the country's chief justice Sunday, stirring hopes for an
empowered judiciary that can buttress democratic rule in this turbulent nation.
Associated Press
Pakistanis chanted slogans during the National flag hoisting
ceremony at the residence of Chief Justice Iftikhar Mohammed Chaudhry.
The return of Supreme Court Chief Justice Iftikhar Mohammed
Chaudhry caps a two-year movement by Pakistan's lawyers that helped bring down
one government and almost toppled a second. It is being viewed as a victory for
the rule of law and democracy in this country of 170 million people that is
struggling to overcome a Taliban insurgency.
"This could well turn out to be a seminal and
transformational development in the maturing of Pakistan's democracy,"
said Maleeha Lodhi, a former ambassador to Washington and a political
commentator.
How Mr. Chaudhry will preside over Pakistan's highest court
is a pivotal question for a nation often at the edge of instability. While
supporters are pressing to return the Supreme Court to the activist role that
led to his firing, others fear an over-assertive judiciary could lead to
renewed confrontation with the government.
The chief justice and dozens of other judges were fired
during a brief emergency rule imposed in 2007 by then-President Pervez
Musharraf, a general who took power in a coup eight years earlier.
Mr. Musharraf was forced out last year, months after his
allies were badly defeated in parliamentary elections by a coalition that
campaigned in part on restoring the judges.
But his successor, President Asif Ali Zardari, stalled on
reinstating the judges. Opponents said he feared Mr. Chaudhry would invalidate
an amnesty deal that saw corruption cases against Mr. Zardari dropped. The deal
was made between Mr. Zardari's late wife, former Prime Minister Benazir Bhutto,
and Mr. Musharraf.
Mr. Zardari has insisted the chief justice had become too personally
politicized to preside over the top court. He reversed himself a week ago as
the lawyers' movement and opposition leader Nawaz Sharif, a former prime
minister, prepared to lead thousands of people for a massive rally in
Islamabad.
Mr. Chaudhry has so far remained quiet about his plans. On
Sunday, he busied himself with routine matters, such as approving panels of
jurists, the court said in a statement.
Supporters are urging Mr. Chaudhry to challenge the amnesty
of the politically wounded president. "Nothing can stop the court to take
up the petition challenging the amnesty granted to some political
leaders," said Aitzaz Ahsan, a leader of the lawyers' movement, which
fought to have Mr. Chaudhry restored.
Mr. Chaudhry could also reopen cases of people who have gone
missing after being detained on terror-related charges. Those hearings proved
an embarrassment to the government of Mr. Musharraf and may also raise
questions about Pakistan's cooperation with the U.S. in the fight against al
Qaeda and the Taliban.
Many are also waiting to see if he will remove himself from
cases involving political figures, such as Mr. Sharif. The Supreme Court, which
last month banned Mr. Sharif from holding political office because of prior
criminal convictions, is preparing to hear an appeal of the case.
Mr. Zardari, for his part, said he will respect the court.
"I will bow to the power and majesty of the judges," he said during
the weekend at a farewell dinner for the departing chief justice, Abdul Hameed
Dogar.
Prime Minister Yousuf Raza Gilani, meanwhile, had lunch with
Mr. Sharif. Mr. Gilani has suggested he wants Mr. Sharif to rejoin the
coalition government, which Mr. Sharif quit over Mr. Zardari's refusal to
reinstate the judges. There was no word of such a deal from the meeting, but
Mr. Gilani said he and Mr. Sharif agreed to end their standoff and work toward
bringing political stability to Pakistan.
Printed in The Wall Street Journal, page A9