Victory for Rule of Law in Pakistan

Justice has finally prevailed in Pakistan. In a late night development, the deposed Chief Justice Iftikhar Muhammad Chaudhry was reinstated by an executive order of Prime Minister Yusuf Raza Gillani. The decision to reinstate the 
judges, ousted by former President Musharraf 
in November, 2007, was influenced by three 
major factors.

The first and foremost was the immense tide of public support for the lawyers’ movement, defying government restrictions and house arrests of opposition leaders. Second, President Zardari was forced to give in to pressure from both the executive and military in the face of deteriorating law and order situation with the government authority swiftly eroding. Third, the ruling PPP’s image of a democratic party that respected democratic traditions of free media and judiciary has been seriously damaged.

The lawyers’ movement for justice gained momentum with the mobilisation of public support and the PML-N headed by former prime minister Nawaz Sharif joining the long march to Islamabad. The President, increasingly isolated in his own party, was presumably “persuaded” by the Army Chief General Ashfaq Kayani. The dismissal of the PML-N led Punjab government and imposition of Governor’s or federal rule last month, blamed on Zardari, perhaps proved the straw that broke camel’s back. The impact of the political standoff and the ensuing instability was of great concern to the United States prompting US Secretary of State Hillary Clinton to call up Zardari and Sharif. The executive order will allow Chaudhry to be reinstated on March 22, following the retirement of the current Chief Justice, Abdul Hameed Dogar. Gillani has also extended an olive branch to the PML-N leadership and announced the government’s decision to petition for a review of the Supreme Court ruling against the Sharifs.

While Gillani, in his late night address to the nation, was careful to stress President Zardari’s role in the decision thereby fulfilling his promise, it is largely seen as a face-saver for Zardari. As recent as two days back, a determined President had vowed to confront the crisis as he faced growing discontent and criticism from within his own party and the army.

The remarkable role played by General Kayani in averting the crisis through the political process by upholding democratic traditions has not only been widely appreciated across the country but has also boosted the army’s image. Even though the long march has been called off following the announcement, the battle lines between the PPP and the PML-N are likely to remain drawn. Even if PML-N regains its government in Punjab, the Sharifs buoyed by the outcome could push for more.

The two issues remaining on the agenda are the National Reconciliation Ordinance and the extra constitutional powers of the President. The return of an independent judiciary, which is being celebrated across Pakistan with much joy and fervour, could face its biggest challenge in retaining the faith that millions have 
reposed in it.