By Dr. Nayyer Ali

Musharraf Goes Too Far

March 23, 2007

The suspension of Iftikhar Chaudhry, the Chief Justice of Pakistan’s Supreme Court, by President Musharraf came as a profound shock to both Musharraf’s supporters and opponents. It is becoming obvious that it was a major error on the part of Musharraf, and it remains very murky as to why he pursued this risky course of action.
Since coming to power, Musharraf has allowed the Supreme Court to operate more or less independently. In fact, judicial independence has been one of the main talking points that Musharraf supporters have used to suggest that Pakistan is not a dictatorship but a democracy in transition. And it is true that the Supreme Court, particularly in the last year, has been engaging in actions that the Musharraf government has found irksome.
About a year ago the Supreme Court voided the sale of Pakistan Steel Mills, which was a major setback to the privatization program. The Court found that legal requirements and procedures were not fully followed, although it was not shown that any real corruption was involved. In the last few months the Supreme Court has demanded that the government produce a few hundred people that have gone missing and are presumably held by the government.
On the other hand, the Supreme Court has given Musharraf tremendous help in the last seven years. The Court ruled after the 1999 coup that he had the right to wield power for 3 years as long as he then held elections. It also gave him the authority to amend the constitution, which Musharraf took advantage of in the “Legal Framework Order” he put in place just before the 2002 elections that granted him extensive powers as President. The LFO also included some good changes, such as guaranteeing seats for women in the National Assembly, and requiring that those running for election have a college degree.
So why did Musharraf depose the Chief Justice? This remains a bit of a mystery. Perhaps Musharraf became afraid of the threat the Chief Justice might pose in the aftermath of the 2007 elections, the outcome of which remains uncertain. Musharraf is promising a fair election, and the US is pushing for democracy. If the political situation becomes uncertain after the vote, having a reliably friendly Supreme Court could be critical to Musharraf retaining real power.
On paper, the supporters of Musharraf are claiming that the Chief Justice was deposed because of corruption concerns. He apparently drove an expensive BMW, and his son has received favorable job posting in the police. But are these really such unique faults of the Chief Justice? Does not everyone in Pakistan use his influence on behalf of his children? The BMW raises eyebrows, but if Musharraf expects perfect behavior as the condition to participate in government, he would end up with very few people left in his own cabinet.
The harsh nationwide reaction to the suspension is actually a good sign. It means that a real civil society is taking shape, a civil society that is becoming increasingly hostile to benign dictatorship. The press, both print and satellite TV, have been very critical, as have the bar associations and the political parties. The real question is whether this will widen to society at large. At this stage it is probably unlikely, but there has clearly been a major blow to Musharraf’s standing. This is probably the last straw for those liberals who saw him as a necessary evil, a modernizer who could do through autocratic means that which was not possible through dysfunctional democracy.
Musharraf has presented his rule as modernizing, liberal, respectful of judicial independence, tolerant of a free press, and an essential transitional step to a fully democratic Pakistan. The assault on the Chief Justice does major injury to that paradigm. Clearly he has miscalculated. Whatever harm he may have done to Musharraf from his position as Chief Justice, the removal of Iftikhar Chaudhry has done even more. When Musharraf does finally leave the stage of Pakistani politics, this act will be seen as one the key moments in that process. Comments can reach me at Nali@socal.rr.com.

 

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