IN a massive blow to Pakistan President Pervez Musharraf, the Supreme Court last night declared his efforts to sack the country's Chief Justice illegal.In a 10-3 vote, the full bench effectively reinstated Chief Justice Iftikhar Chaudhry and ruled that General Musharraf's attempts to remove him from office were unconstitutional. By the same margin, the judges quashed a case of alleged misconduct by Justice Chaudhry that General Musharraf had referred to a separate judicial panel.
The historic judgment, coming after months of deliberation, is likely to have far-reaching implications for General Musharraf as he confronts his gravest crisis since seizing power in a bloodless coup eight years ago.
Presiding judge Khalil-ur-Rehman Ramday said General Musharraf's order suspending Justice Chaudhry was "set aside as being illegal".
The suspension of the nation's top judicial officer on March 9 had sparked protests by lawyers and opposition parties that have grown into a powerful pro-democracy movement just as General Musharraf faces a rising tide of Islamic militancy.
The verdict is a major blow to General Musharraf's standing and could further complicate his bid to win a new five-year presidential term this year.
As lawyers celebrated outside the court in Islamabad, Justice Chaudhry's senior counsel Aitzaz Ahsan told reporters the case alleging misconduct by his client had been quashed. "He has been restored and it is a victory for the entire nation," he said.
Throngs of lawyers converged on the attorney, enthusiastically chanting "Go Musharraf, go!" The verdict also prompted celebrations among gatherings of lawyers in major cities, including Lahore and Rawalpindi.
General Musharraf suspended Justice Chaudhry for allegedly pulling rank to secure a police job for his son and enjoying unwarranted privileges such as the use of government aircraft. The Government insists the case has no political motive and that General Musharraf had little choice under the constitution but to suspend Justice Chaudhry.
However, opponents accuse General Musharraf of plotting to remove an independent-minded judge to forestall legal challenges to his plan to ask parliamentarians to approve him for another term later this year.
Prime Minister Shaukat Aziz last night accepted the ruling and appealed for national unity as Pakistan moved toward elections. "I would like to emphasise that we must all accept the verdict with grace and dignity reflective of a mature nation," he told the state-run Associated Press of Pakistan. "This is not the time to claim victory or defeat. The constitution and the law have prevailed and must prevail at all times."
A top Pakistani human rights activist said the verdict demonstrated the independence of the judiciary and was a victory for civil society. "It's very clear guns and intimidation will not bow down civil society or civil institutions of Pakistan," said the chairman of the non-governmental Human Rights Commission of Pakistan, Asma Jehangir.
