Pakistan to reinstate judges fired during Musharraf regime

ISLAMABAD, Pakistan — Pakistan’s new government is pushing ahead with the reinstatement of judges fired by President Pervez Musharraf in November, a move that could further weaken the embattled president.

A senior government official said deposed Chief Justice Iftikhar Mohammed Chaudhry and dozens of other judges could be restored to their positions before the end of the month. Their reinstatement would be the latest sign of how the new Pakistani government under Prime Minister Yousuf Raza Gilani has started rolling back the steps taken by Mr. Musharraf to impose emergency rule late last year, a move that set the stage for his re-election to another five-year term as president.

Last week, the government withdrew restrictions on the media imposed during the state of emergency. Those restrictions included jail for journalists who “defame” the president, government or army. “We will remove the entire apparatus of restrictions imposed on the press,” said Sherry Rehman, information minister.

In another move, Pakistan’s Parliament earlier this week called for a United Nations investigation into the assassination of former Prime Minister Benazir Bhutto. She was killed in a suicide attack Dec. 27. Her supporters rejected the government’s claim that the assassination was masterminded by an al Qaeda-linked tribal militant leader, Baitullah Mehsud, and called for an international inquiry. The demand was turned down by Mr. Musharraf. Her party, the Pakistan People’s Party, later scored the most seats in Parliament in March elections and leads a new coalition government.

Opposition lawmakers didn’t oppose the resolution on the U.N. investigation passed Monday by the National Assembly, the lower house of the Parliament. Law Minister Farooq Naek said the government would ask the U.N. Security Council as soon as possible to set up a panel to identify the perpetrators and organizers of Ms. Bhutto’s death.

The decision to restore the deposed judges could bring the civilian government into direct confrontation with Mr. Musharraf, whose power has been eroded after he stepped down as army chief last year. Immediately after being elected prime minister, Mr. Gilani ordered the release of Mr. Chaudhry and other detained judges. Their reinstatement stalled, however, because of differences between the two major coalition partners, the PPP and the Pakistan Muslim League’s N faction, led by another former prime minister, Nawaz Sharif.

The PPP had some reservations over Mr. Chaudhry’s reinstatement because it feared he may overturn the withdrawal of corruption cases against Ms. Bhutto and her widower, Asif Ali Zardari. But an agreement to proceed with the judges’ reinstatement was reached after a meeting between Mr. Zardari, who leads the PPP, and Mr. Sharif on Tuesday.

A senior government official said there were some legal issues to be sorted out before the judges could be restored. Legal experts differ about whether the reinstatement can take place through a parliamentary resolution or needs a constitutional amendment, which requires a two-thirds majority in both houses of Parliament and may be much harder for the government to secure.

“The sacking of the judges was an illegal act and could be reversed just by government administrative action,” said Athar Minallah, a senior Supreme Court lawyer.

Analysts said the judges — following their restoration — could reopen the issue of Mr. Musharraf’s legitimacy as president. There is no indication yet, however, that Mr. Musharraf is prepared to step down.

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