Fiji court orders Chaudhry's return

Qarase still has the support of the military

The High Court in Fiji has ruled that the government of the deposed Prime Minister, Mahendra Chaudhry, should be reinstated.

Justice Anthony Gates ruled on Wednesday that the interim government set up by the military after the coup was unlawful and unconstitutional.

The sooner the government, unconstitutional as it is in Fiji, comes up with a clear timetable to return to constitutional democracy, the better

New Zeland Prime Minister Helen Clark

But the army-backed interim administration has said it will appeal against the verdict.

Mr Chaudhry's multi-racial government was overthrown in May by Fijian nationalist rebels opposed to ethnic Indians holding political office.

A lawsuit was brought by a member of the public, who questioned whether the military had acted legally when it scrapped the constitution that enabled Mr Chaudhry, an ethnic Indian, to become prime minister.

In his ruling, Judge Gates ordered President Ratu Kamisese Mara to summon an immediate sitting of parliament so that Mr Chaudhry's government could return to power.

Australian lawyer George Williams, who argued the case on behalf of plaintiff Chandrika Prasad, described the ruling as "a win for the rule of law and for democracy in Fiji."

Mr Chaudhry himself said that his ousted coalition "urges the authorities to abide by the High Court ruling and to recall parliament so that Fiji is back to democratic rule".

Appeal

But a lawyer for the interim government said it would "set aside" Judge Gates's ruling pending a decision by the Appeal Court.

Mahendra Chaudhry has been seeking international support

"The interim government will continue as the national government and legislative authority in Fiji", said the country's interim Prime Minister, Laisenia Qarase.

New Zealand Prime Minister Helen Clark said the judgment was a signal to Fiji to hasten its return to democracy.

"The sooner the government, unconstitutional as it is in Fiji, comes up with a clear timetable to return to constitutional democracy, the better," she said.

One analyst said that if the army refused to back the court ruling, it would be only a symbolic victory for Mr Chaudhry.

"There is no evidence that the legal solution will matter very much", Associate Professor Scott MacWilliam of the University of South Pacific told Reuters news agency.

'Unlawful'

Rebels led by George Speight held the prime minister and members of his cabinet hostage for almost two months after storming the parliament building in May.

A deal on the interim government was a central part of the peace accord signed by the military and rebels to end the hostage crisis.

Speight faces treason charges

A BBC correspondent in the region says a new constitution had been expected to discriminate against Fiji's Indian minority.

Mr Chaudhry recently returned to Fiji after a tour of Australia, India, the UK and the US, which he used to seek international support for his reinstatement.

Mr Speight and 21 others face treason or treason-related charges relating to the coup attempt.