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Saturday, May 3, 2008

Sharif, Zardari agree on reinstating judges

DUBAI/ISLAMABAD — Pakistan People’s Party co-chairman Asif Zardari and PML-N chief Nawaz Sharif concluded their marathon talks in Dubai yesterday striking what was described by informed sources here as essentially a compromise solution on the question of restoration of deposed judges.
Both sides in their public statements reaffirmed to implement the Murree Accord that envisaged reinstatement of judges through a resolution of the National Assembly followed by an executive order by the Prime Minister. They, however, agreed on a road map that would avoid direct confrontation with present court and address PPP’s reservations about the deposed Chief Justice Iftikhar Chaudhry.
There was a sigh of relief on both sides that the understanding reached in Dubai has averted imminent collapse of the PPP-PML-N coalition at central and Punjab level. It has also provided a face saving formula for them. At the same time it will contain enough features to satisfy the demands of the lawyers community and avert the threat of any immediate agitation.
The details would be announced by Nawaz Sharif in Lahore today afternoon following a meeting of PML-N central committee while the PPP will give its version of the agreement later.
Informed sources said the understanding reached between he two leaders entails a marriage of Sharif’s insistence on implementing the Murree Accord in letter and spirit and Zardari’s stance that it should be accompanied by a constitutional package providing for tenure of the chief justice, clipping his powers of forming court benches and issuing suo moto notices and raising the retirement age of judges, ostensibly accommodating incumbent chief justice Justice Hameed Dogar after Justice Iftikhar completes his curtailed tenure, probably next year.
Zardari reportedly scaled down his stance for continuation of all judges of the reconstituted Supreme Court. This formulation would have tilted the balance by 16-10 in favour of the court Musharraf reconstituted after his November 3 emergency. While the five judges who took oath under the new PCO including Justice Hameed Dogar would stay, the cases of the remaining 11 would be decided in accordance with previous precedents.
Both sides also resolved the differences appearing in the Punjab government and Sharif promsied to address PPP’s grievances that the PML-N -led government has made uniulateral decisions, appointments of bureaucracy and delayed allocation of some ministries promised to the PPP.
Sharif who left for Pakistan last night said at Dubai airport that there would be no democracy in Pakistan without the restoration of the judges. “Things are going in the right direction for the betterment,” he said.
He said the PML-N has taken a firm decision to make the judiciary independent and to restore the judges. “We have no personal interest, but only the interest of the country,” he said.
“We will make the coalition strong and will not break it,” he said.
Earlier, Sharif told a Pakistani TV channel that by restoring the judges they were undoing a wrong done by President Musharraf. He said that there was no mention of any constitutional package in the Bhurban Declaration.
“The Charter of Democracy calls for reforms in various aspects of life, including the judiciary. If a constitutional package is to be presented, it will be done after the resolution in the parliament for the restoration of the judges. But, they are not linked to each other. The judges will be restored as per the aspirations of the people,” he said.
He said that work on the resolution will begin after their return to Pakistan and it will be presented before the parliament very soon. “A delay over the deadline does not mean failure,” he said.
Zardari said that the talks were held in a healthy atmosphere and that the PPP will not back out from the Bhurban Declaration in any way. “We are waiting for the announcement by Nawaz, who is also our leader, and we will decide our course after his Press conference,” he said.

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