DATE=1/14/99
TYPE=BACKGROUND REPORT
NUMBER=5-42356
TITLE=PAK POLITICS
BYLINE=SCOTT ANGER
DATELINE=ISLAMABAD
CONTENT=
VOICED AT:
INTRO: IN PAKISTAN, THE SUPREME COURT AND THE PRIME MINISTER ARE
HEADING TOWARD A SHOWDOWN OVER THE GOVERNMENT'S ATTEMPTS TO
RESTORE ORDER IN THE TROUBLED SINDH PROVINCE. THE PRIME MINISTER
DISBANDED THE PROVINCIAL GOVERNMENT FOR FAILING TO CONTROL
ESCALATING VIOLENCE AND REPLACED THE EXISTING JUDICIAL SYSTEM
WITH MILITARY COURTS. AS VOA'S SCOTT ANGER REPORTS, TWO HANGINGS
ORDERED BY THE MILITARY COURTS HAVE RAISED MORE QUESTIONS ABOUT
THE CONSTITUTIONALITY OF THE PRIME MINISTER'S MOVE.
TEXT: PAKISTAN'S SUPREME COURT HAS ORDERED A HALT TO ALL FURTHER
EXECUTIONS BY THE MILITARY COURTS IN KARACHI, UNTIL IT CAN DECIDE
WHETHER THE PROCEEDINGS FALL WITHIN THE COUNTRY'S CONSTITUTION.
THE MOVE PUTS THE SUPREME COURT ON A COLLISION COURSE WITH PRIME
MINISTER NAWAZ SHARIF'S ATTEMPT TO RESTORE ORDER IN THE PROVINCE.
MALEEHA LODHI, EDITOR OF THE NEWS NEWSPAPER AND PAKISTAN'S FORMER
AMBASSADOR TO THE UNITED STATES SAYS MR. SHARIF AND THE SUPREME
COURT ARE IN A DIFFICULT POSITION.
///LODHI ACT///
BOTH THE GOVERNMENT AND THE COURT FIND THEMSELVES IN A
LEGAL BIND. THE COURT HAS A PROBLEM NOW, BECAUSE IF IT
DOES NOT ENDORSE THE WHOLE SYSTEM OF MILITARY COURTS,
IT IS IN A HEAD-ON CONFRONTATION WITH THE PRIME
MINISTER. YET, IF IT ENDORSES THE COURTS, IT IS
PRACTICALLY COMMITTING SUICIDE. BECAUSE WHAT THEY ARE
THEN ADMITTING IS THAT THEIR OWN SYSTEM OF JUSTICE HAS,
ENTIRELY AND TOTALLY, FAILED.
///END ACT///
TO MANY, EVENTS THIS WEEK IN ISLAMABAD SEEM TOO FAMILIAR. THE
LAST TIME THE SUPREME COURT AND THE PRIME MINISTER CONFRONTED
EACH OTHER WAS IN 1997, AFTER THE SUPREME COURT CHARGED MR.
SHARIF WITH CONTEMPT OF COURT.
BEFORE THE COURT MADE ITS DECISION IN THE 1997 CASE, SUPPORTERS
OF THE PRIME MINISTER STORMED THE SUPREME COURT WHILE IT WAS IN
SESSION, LEADING TO A CONSTITUTIONAL CRISIS THAT EVENTUALLY
RESULTED IN THE RESIGNATION OF PAKISTAN'S PRESIDENT AND CHIEF
JUSTICE.
MS. LODHI SAYS THOSE EVENTS DAMAGED THE CREDIBILITY OF THE
COUNTRY'S TOP COURT.
///LODHI ACT 2///
IT ENDED IN A SITUATION THAT, AT THAT TIME, GAVE THE
PRIME MINISTER A VICTORY. IN THE PROCESS, WHAT HAD
HAPPENED WAS THE WHOLE SUPREME COURT'S CREDIBILITY HAD
BEEN UNDERMINED. AND I THINK RECENT ACTIVISM BY THE
SUPREME COURT MAY BE DESIGNED TO TRY TO REESTABLISH AND
REGAIN SOME OF THAT LOST CREDIBILITY.
///END ACT///
ALTHOUGH THIS WEEK'S RULINGS BY THE SUPREME COURT ARE WITHIN THE
CONSTITUTION, OBSERVERS ARE UNCERTAIN WHERE THIS SHOWDOWN WILL
END. PRIME MINISTER SHARIF HAS USED HIS MAJORITY STRENGTH IN THE
PARLIAMENT TO TRY TO BLOCK SUPREME COURT DECISIONS.
SUPREME COURT LAWYER AND FORMER LAW MINISTER IFTIKHAR GILANI SAYS
PRIME MINISTER SHARIF CAN BE RELENTLESS AND UNPREDICTABLE. MR.
GILANI DOES NOT RULE OUT ANOTHER CLASH BETWEEN THE COURT AND
THIS GOVERNMENT.
///GILANI ACT///
THIS GOVERNMENT WONT STOP AT ANYTHING. ANYTHING IS
POSSIBLE. PHYSICAL VIOLENCE, CONSTITUTIONAL
MANIPULATION, PERSONAL MANIPULATIONS...PRESSURES. HE
COULD PULL A RABBIT OUT OF HIS HAT AND IT WOULD NOT
SHOCK ME.
///END ACT///
OBSERVERS SAY THE SUPREME COURT AND THE PRIME MINISTER ARE
HEADING TOWARD A CONFRONTATION SIMILAR TO WHAT HAPPENED IN 1997.
THE SUPREME COURT TAKES UP THE CASE OF THE MILITARY COURTS
FEBRUARY 1ST. (SIGNED)
NEB/SA/LTD/KL
14-Jan-99 9:22 AM EST (1422 UTC)
NNNN
Source: Voice of America
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