Apparently responding to concerted assault by the ruling coalition on the judiciary, Chief Justice Mohammad Chaudhry today made a dramatic move to withdraw from the Bench hearing the petitions challenging President Gen Pervez Musharraf's eligibility to contest election.
The CJ, who was presiding over a seven-judge bench of the court, named the second senior-most judge Bhagwandas Rana to head the bench. MMA chief Qazi Hussain Ahmed and Tekrike Insaf chief Imran Khan have filed the petitions, contending that Musharraf is not eligible to contest
the election because of being army chief as well. They have further contended that Musharraf must wait for two years after quitting the army post to qualify to be a candidate. Qazi has also questioned the validity of indefinite extension in Gen Musharraf's tenure as army chief after attaining the age of superannuation in 2003.
The judiciary that has shown considerable independence and activism, has suddenly come under increasing pressure from the ruling coalition. Government leaders, including minister Sher Afgan and president of the Pakistan Muslim League (PML) Chaudhry Shujaat Hussain, have publicly questioned the fiduciary's authority to interfere in the executive's domain.
Shujaat on Wednesday told a TV channel that the current political crisis has deepened because of fiduciary's exuberance. In an apparent reference to the dual office bill which allowed Musharraf to keep his uniform and has been challenged in the court, Chaudhry Shujaat said the Supreme Court avoided a confrontation with the parliament which has a right to pass a law.
Monday's siege of Sindh High Court by over 2,000 MQM workers and incendiary speeches by its chief Altaf Hussain have also added to the pressure on the judiciary. But government's blatant violation of the Supreme Court ruling by deporting former premier Nawaz Sharif has sent a tough message to judges.
Political observers say Gen Musharraf is increasingly getting impatient with the court for stalling his bid to get elected from present assemblies. Media reports have persistently talked about government plans to curb the powers of the judiciary and even reshuffle them by asking judges to take fresh oath. Military rulers, including Musharraf, have been purging the judiciary of independent judges by using this device and dropping many judges from the list invited to take fresh oath.
Speculations are rife that Musharraf may impose martial law on September 17, the day the SC is resuming hearing of the case for his eligibility.
Attorney-General Qayyum Malik denied reports regarding fresh oath to judges. He said the government had decided to ask the Supreme Court to transfer the case of May 12 carnage in Karachi from the Sindh High Court to some other court in order to ease tension.
