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Zardari, Sharif deny rumours of rift

Nirupama Subramanian

ISLAMABAD: Asif Ali Zardari and Nawaz Sharif, main leaders of Pakistan’s ruling combine, on Tuesday denied rumours of a rift over restoring the judiciary despite continuing differences, and reiterated their commitment to the Bhurban agreement under which they agreed to reinstate dismissed judges within 30 days of government formation.

The Pakistan People’s Party co-chairman and the Pakistan Muslim League (N) leader said the issue of reinstating the 64 judges sacked by President Pervez Musharraf when he imposed emergency in November 2007 would now be thrashed out by a “committee.” It would finalise with the legal community the text of a resolution to be presented in Parliament for the restoration of judges.

The Pakistan Bar Council said although there was nothing, in the wording of the Bhurban declaration, about referring the matter to a committee, lawyers were prepared to give the government the “benefit of the doubt” till April 30, now accepted as the date on which the 30-day deadline ends.

Session may be extended

As both Mr. Zardari and Mr. Sharif strongly reaffirmed their commitment to the Bhurban declaration, it is being assumed that the committee will be set up and the panel will get down to work immediately to finalise the draft of the resolution before the deadline. There is talk that the Parliament session may be extended beyond April 25 for adoption of the resolution.

Chaudhary’s case

The differences between the two leaders appear to be over the specific case of the deposed Chief Justice Iftikhar Chaudhary. The PPP reportedly wants a deal, under which he will step down within months of being reinstated by fixing a tenure for the superior judiciary.

In the present system, Supreme Court judges retire at the age of 65. That will give Mr. Chaudhary till 2013 as Chief Justice after he is reinstated. The Law Ministry reportedly wants to draw up a package of judicial reforms that will include a fixed three-year term for the Chief Justice. Appointed in 2005, Mr. Chaudhary will then have to retire this year.

The PML (N) is not in agreement with this “minus-one” formula for the restoration of judges. It also wants to retire all existing judges because they took oath under the November 3, 2007 provisional constitutional order. But the PPP argues that Mr. Chaudhary and several of the 60 judges sacked last November took oath under the February 2000 provisional constitutional order.

Two-hour meeting

The PPP co-chairman and the PML (N) leader held a meeting that lasted more than two hours on Tuesday afternoon after Monday’s meeting ended inconclusively, sparking rumours of a possible breakdown in the coalition over their differences.

Wreathed in smiles, the two leaders emerged from their meeting into the harsh midday sun. Both were accompanied by a battery of party members.

“Unanimity”

Mr. Zardari said there was complete “unanimity” among all political forces on implementing the Bhurban declaration.

Mr. Sharif declared that as agreed in the discussions between him and Mr. Zardari, “We fully stand by our commitment to implement the Bhurban declaration in letter and in spirit.”

The PML (N) leader said had the talks been “deadlocked” as was reported in some newspapers, he and Mr. Zardari would not have met again for another round of negotiations. He said it was the “beauty of democracy” that the two sides with differences could meet to discuss and iron them out.

“Those who want to see the coalition break are mistaken, and they will be disappointed,” he said.

Apparent differences

But the differences were apparent. The PPP leader said he was against the concept of “countdown” that the lawyers demanding restoration of the judiciary have launched towards the 30-day deadline.

“We will not make a decision just because we are being pushed towards it,” he said.

Mr. Zardari said that while the restoration of judges was one thing, the real question was to change the “system” so that no judge would ever again give legal cover to a dictator.

He said the effort was to “broad base” the committee so that it could also decide on a “constitutional package” towards this end.

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