Investigative research article by Pejamistri, posted as a comment on pkpolitics.com.
Talking to one of my friend (who is a lawyer in Islamabad) , here is how I will sum up the current situation.
As per the original planning:
- Martial law and the mad dictator in uniform was supposed to last for one year (till 2008).
- Establishment also expected that they will be able to get more than 70% of the supreme court judges to take oath under PCO.
- They also planned to get the Chief justice of Supreme Court removed by the new supreme judicial council to show the world that it was a constitutional removal.
- One of the important aspect of the planning was that “all” of the high court judges will take oath under PCO except a few. They also wanted to move to Supreme Judicial council against Chief Justice Sind , and Chief justice Peshawar .
However things turned out totally different:
- First of all apart of Balochistan High court a lot of the judges in provincial high courts did not take oath. This is a unique situation in Pakistan as in all the previous PCO’s 99% of the high court judges have taken oath under PCO.
- Due to extreme pressure from within the army (generals who were not part of the planning), and US, mad dictator reluctantly decided to remove the uniform.
- Despite all the efforts from ISI and mad dictator’s cronies they have not been able to blackmail any more judges to take oath under PCO.
- The legal clown (Malik Qayyum) of mad dictator tries to declare in his every statement the reinstatement of judges as “past and closed” transaction, the reality is that it is a “current and open” transaction in legal circles. Even the existing PCO judges recognize this privately which means that it requires a permanent settlement.
- Another issue at the moment is “how to lift the martial law”, the date of 16th December is looming large and if mad dictator does restore the constitution on that date, it is going to open a new Pandora box for him. This will be a new and unknown path which has never been tried before.
- The most important part in this struggle is that the lawyers are not appearing before the PCO judges which means the business is at standstill even in high courts. Let me give an example that only 241 cases were decided in November in Supreme Court as apposed to 3000+ in month of October. So one can imagine the enormity of the situation. Same thing is happening in all the high courts.
- Since the current situation has no parallels in the history and there is no known solution to this situation, establishment (read army) does not have any solution which they feel can get them out of this situation.
- So at the moment establishment (army) is exploring all possible solutions. And complete restoration of judiciary along with mad dictator’s relocation to Turkey is also on the cards.
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