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Friday, January 9, 1998 Published at 20:07 GMT



World: Analysis

Pakistan hears cases linked to constitutional crisis
image: [ The Supreme Court ]
The Supreme Court

The stand-off between Pakistan's government and Supreme Court, which plunged the country into a constitutional crisis late last year, has ended. Prime Minister Nawaz Sharif seemed to emerge as a clear winner, but the resignation of President Farooq Leghari and the removal of Chief Justice Sajjad Ali Shah, has not resolved the controversy. Next week, the Supreme Court is to resume hearing several of the cases that were linked to the controversy, including a contempt of court case against Mr Sharif and his senior colleagues. In the changed circumstances and with a new chief justice, Justice Ajmal Mian, these highly politicised cases will be keenly scrutinised by Mr Sharif's supporters and opponents alike. Our correspondent Zaffar Abbas reports from Islamabad:

The constitutional battle late last year certainly tarnished the image of the state's key institutions. The worst sufferer was the most sacred institution of all - the Supreme Court.

The clash between the government and judiciary intensified - controversial judgements were given by the court, ministers made derogatory remarks about judges, pro-government supporters stormed the Supreme Court building, deep divisions appeared among the judges and Chief Justice Sajjad Ali Shah was dismissed after a 10-member bench of the same court passed a judicial order to the effect.

None of this had ever happened before. Analysts say it severely damaged the image of the country's highest judicial forum. But now, the new chief justice, Ajmal Mian, has decided to work towards restoring the apex court's image. One of the most respected judges in the country, the new chief justice has declared that the court will take an impartial view of all the cases which caused the recent controversy.

Mr Justice Ajmal Mian has already taken up a case which challenges the order in November by the Supreme Court's Quetta bench, to suspend his predecessor, Chief Justice Sajjad Ali Shah. A full bench of the court headed by Chief Justice Ajmal Mian, reserved judgement after a day's hearing.

But this is not the only case which is linked to the government-judiciary controversy. Several others are to be taken up in the next few weeks by different benches of the Court. One case involves Mr Sharif and some senior ministers, who have been charged with contempt of court. There is a case in which the governing party and other political groups have been accused of taking funds from a premier intelligence agency. And there are cases dealing with the November 28 storming of the Supreme Court building as well as those dealing with the Court's controversial decisions to suspend two key clauses of the constitution.

Some of the cases may well go in favour of the government and vindicate the stand it took during the crisis. But others could embarrass it. For instance, a Supreme Court judge is seeking to identify the people directly involved in storming the Supreme Court building in November. Security cameras in the court building show several government MPs leading the crowd.

Then there is the contempt of court case against Mr Sharif and senior members of his government. They have already been indicted and the court has a record of proceedings in the National Assembly and the press conferences at which the alleged remarks were made.

But once the Court begins to hear these cases, it does not necessarily mean that the government and the judiciary will be at logger-heads once again. Nevertheless, analysts say that whatever happens, the new chief justice may have to take some bold decisions if he is to restore the lost credibility of Pakistan's highest court.
 





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