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Restoration of Judges
Deadline deferred in view of Mush ‘departure’
Afzal Khan writes from Islamabad

The ruling coalition’s decision to defer till late next week the deadline for the restoration of deposed judges and allied issues is linked with former President Musharraf’s imminent departure from the country, said sources here.

“He may be leaving in a day or so”, one source said, adding: “That would smooth over many complications currently threatening the survival of the coalition. A process would then be initiated in Parliament to undertake several legislative and administrative measures to clear the deck and give a fresh start to the new democratic order.

Musharraf has been insisting he would stay in Pakistan despite a heated debate that he must face trial on a litany of charges. These include the subversion of the constitution twice in eight years, dismissal and detention of judges, killing of Baloch nationalist leader Akbar Bugti, Lal Masjid carnage and ordering kidnapping of hundreds of “missing person” suspected of terrorist links in order to hand them over to the US.

The Nawaz Sharif faction of the Pakistan Muslim League (PML-N) is spearheading the campaign for Musharraf’s trial. But the army, Saudi Arabia, the US and its allies who had facilitated Musharraf’s resignation, favour a safe passage for him. The PPP and the smaller components of the ruling coalition have discussed a possible constitutional package indemnifying Musharraf’s actions that has triggered considerable controversy.

Reliable sources said Asfandyar Wali Khan of the ANP and Maulana Fazlur Rehman (JUI), who mediated between Nawaz Sharif and Asif Zardari to resolve the judges’ issue, had evolved a compromise formula to deal with the questions of indemnity to Musharraf and the restoration of judges, after intense consultations with all stake holders.

The key element of the compromise package is Musharraf’s immediate exit from the country even prior to restoration of deposed judges who could have resurrected some petitions against him pending in courts. It would also obviate the urgency of providing him indemnity. All deposed judges would be reinstated after that but a constitutional package would follow in order to prevent possible conflict between them and the present PCO judges, It would also address Zardari’s concerns about judicial activism and an intrusive chief justice.

A panel would be set up on the patter of South Africa’s Truth Commission to investigate transgression of the constitution by all former military dictators and judiciary’s endorsement of subversion of the constitution by them. In essence these steps would be in conformity with the Charter of Democracy (CoD) signed by slain former premier Benazir Bhutto and Nawaz Sharif in May 2006 to rid the country of military intervention in politics.

This package has facilitated Nawaz Sharif’s flexibility in his rigid stance on the restoration of judges and Musharraf’s trial. In his latest interview, Sharif said he would not become an obstacle in Musharraf’s departure from Pakistan.

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