Monday, May 28, 2007

The Lawyers' Mutiny in Pakistan

Ali Khan has an insightful note on the prospects for the lawyer mutiny in Pakistan. I hope he is right that they will prevail in the end. We'll see.

*May 18, 2007*
*Confronting a Soft Dictatorship* The Lawyers' Mutiny in Pakistan

By ALI KHAN

A lawyers' mutiny is making history in Pakistan.

The sight of a "strong and honest" Chief Justice leading the nation's
lawyers to oust a military ruler who seized power by removing a democratically elected government makes a fabulous story. The story is even more engaging because the national Parliament elected by the people is playing dead. And the two popular leaders (former prime ministers Nawaz Sharif and Benazir Bhutto) who could have led the masses in this urgency live happily in exile.

A senior Supreme Court advocate in Pakistan tells me that this is the first time in Pakistan's history that lawyers have dropped their conflicting political affiliations and forged an unprecedented professional unity to restore the rule of law.

The lawyers are protesting in the streets to mobilize a popular uprising against the President. They are making it difficult for the Parliament to grant another five years term to the President.

Pakistan's leading lawyers are seeking the annulment of the CJP's suspension. Soon after the suspension, there existed a small window of time in which the President himself could have undone the worst mistake of his rule. That option is no longer available. ... The annulment is most likely to occur, however, because the constitutional petitions are not about the hermeneutics of Article 209 but about a colossal struggle between two primary institutions of Pakistan, the Armed Forces and the Judiciary.

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