January 27, 2000

Pakistan's Top Judge Ousted Over New Oath

By BARRY BEARAK

NEW DELHI, Jan. 26 -- Pakistan's military government sharply curtailed the independence of the nation's judiciary today, by requiring that all higher court judges swear an oath of office that would bar them from challenging army decisions.

The chief justice of the Supreme Court, Said-uz Zaman Siddiqi, refused to take the new pledge and was immediately replaced. Five more of the court's 13 justices also declined, according to a state-run Pakistani news agency.

This demand for allegiance from judges coincided with the opening of the much-delayed trial of the ousted prime minister, Nawaz Sharif, who, along with six others, is accused of multiple offenses, including hijacking and attempted murder.

In a special anti-terrorism court in Karachi, defense attorneys in the Sharif case asked for yet another postponement, this time until the Supreme Court can act on a petition that challenges the very legality of the Oct. 12 military coup.

The motion was denied and testimony began.

The petition pending with the Supreme Court was filed by Mr. Sharif's political party, the Pakistan Muslim League. A hearing is scheduled for Monday, and, many observers say, the military is concerned about a losing outcome.

Two days after taking power, Gen. Pervez Musharraf had sought to avert such difficulties. He suspended the Constitution and replaced it with Provisional Order No. 1, which restrained the judiciary from contesting his rule. Still, the courts have accepted several challenges to military authority.

Despite the army's stern hand, the general has tried to project his government as benign, liberal and incorruptible. He has repeatedly promised fair trials, even as he has kept several members of the Sharif government locked up without being charged.

Now, human rights advocates say even the pretense of impartial justice is gone.

"By its swearing of new allegiance, the judiciary has become a creature not of the Constitution but of the army chief of staff," said Afrasiab Khattak of the Human Rights Commission of Pakistan.

Fakhruddin G. Ibrahim, a respected jurist, said, "Access to an independent judiciary is the birthright of every citizen for which everybody aspires. Now nobody knows about the fate of the country."

The government's move was not entirely unexpected. Pakistan's last military ruler, Gen. Mohammad Zia ul-Haq, required similar oaths of loyalty from judges.

General Musharraf attended one of today's swearing-in ceremonies, listening to judges who agreed to abide by the provisions of his 14-week-old emergency orders. His defense of the proceedings was brief and boilerplate: "Whatever has happened is in the interests of the country."

After a day of hostile reaction, however, officials decided to add a more polished reply with a written statement: "The government invites international observers to visit Pakistan and observe the totally free and fair manner in which all court proceedings take place."

The oaths were required of those judges presiding in the Supreme Court, the High Courts and the federal Shariah courts, which administer Islamic law. At least nine High Court judges in three provinces have declined to take the pledge.

Chief Justice Siddiqi, who is 62 and will reach retirement age in two years, spoke to reporters after rejecting the new vow. "I have not resigned," he said. "I have refused to take oath under the provisional Constitution because it would mean that I am deviating from my earlier oath."

In the anti-terrorism court, the Sharif case is being presided over by Judge Rehmat Hussain Jafri. According to several lawyers, Judge Jafri's position is too junior to require the newly-instituted pledge.

As the trial began, the prosecution called its star witness, Aminullah Chaudhry, former director general of the Civil Aviation Authority and a defendant in the case until he agreed to testify against the others in exchange for an offer of freedom.

The charges against Mr. Sharif stem from Oct. 12, when he is accused of conspiring to prevent a commercial jetliner from landing safely within Pakistan. Aboard the plane were 198 people, including General Musharraf, whom the prime minister had just fired as army chief. The aircraft eventually touched down without damage in Karachi, but only after the general's staff began the coup and took over the airport.