DATE=1/14/99
TYPE=BACKGROUND REPORT
NUMBER=5-42356
TITLE=PAK POLITICS
BYLINE=SCOTT ANGER
DATELINE=ISLAMABAD
CONTENT=
VOICED AT: 

INTRO:  IN PAKISTAN, THE SUPREME COURT AND THE PRIME MINISTER ARE
HEADING TOWARD A SHOWDOWN OVER THE GOVERNMENT'S ATTEMPTS TO 
RESTORE ORDER IN THE TROUBLED SINDH PROVINCE.  THE PRIME MINISTER
DISBANDED THE PROVINCIAL GOVERNMENT FOR FAILING TO CONTROL 
ESCALATING VIOLENCE AND REPLACED THE EXISTING JUDICIAL SYSTEM 
WITH MILITARY COURTS.  AS VOA'S SCOTT ANGER REPORTS, TWO HANGINGS
ORDERED BY THE MILITARY COURTS HAVE RAISED MORE QUESTIONS ABOUT 
THE CONSTITUTIONALITY OF THE PRIME MINISTER'S MOVE. 

TEXT:  PAKISTAN'S SUPREME COURT HAS ORDERED A HALT TO ALL FURTHER
EXECUTIONS BY THE MILITARY COURTS IN KARACHI, UNTIL IT CAN DECIDE
WHETHER THE PROCEEDINGS FALL WITHIN THE COUNTRY'S CONSTITUTION.  
THE MOVE PUTS THE SUPREME COURT ON A COLLISION COURSE WITH PRIME 
MINISTER NAWAZ SHARIF'S ATTEMPT TO RESTORE ORDER IN THE PROVINCE.

MALEEHA LODHI, EDITOR OF THE NEWS NEWSPAPER AND PAKISTAN'S FORMER
AMBASSADOR TO THE UNITED STATES SAYS MR. SHARIF AND THE SUPREME 
COURT ARE IN A DIFFICULT POSITION.

                         ///LODHI ACT///

         BOTH THE GOVERNMENT AND THE COURT FIND THEMSELVES IN A 
         LEGAL BIND.  THE COURT HAS A PROBLEM NOW, BECAUSE IF IT 
         DOES  NOT  ENDORSE THE WHOLE SYSTEM OF MILITARY COURTS, 
         IT IS IN A HEAD-ON CONFRONTATION WITH THE PRIME 
         MINISTER.  YET, IF IT ENDORSES THE COURTS, IT IS 
         PRACTICALLY COMMITTING SUICIDE.  BECAUSE WHAT THEY ARE 
         THEN ADMITTING IS THAT THEIR OWN SYSTEM OF JUSTICE HAS, 
         ENTIRELY AND TOTALLY, FAILED.

                          ///END ACT///

TO MANY,  EVENTS THIS WEEK IN ISLAMABAD SEEM TOO FAMILIAR.  THE 
LAST TIME THE SUPREME COURT AND THE PRIME MINISTER CONFRONTED 
EACH OTHER WAS IN 1997, AFTER THE SUPREME COURT CHARGED MR. 
SHARIF WITH CONTEMPT OF COURT. 

BEFORE THE COURT MADE ITS DECISION IN THE 1997 CASE, SUPPORTERS 
OF THE PRIME MINISTER STORMED THE SUPREME COURT WHILE IT WAS IN 
SESSION, LEADING TO A CONSTITUTIONAL CRISIS THAT EVENTUALLY 
RESULTED IN THE RESIGNATION OF PAKISTAN'S PRESIDENT AND CHIEF 
JUSTICE.

MS. LODHI SAYS THOSE EVENTS DAMAGED THE CREDIBILITY OF THE 
COUNTRY'S TOP COURT.

                        ///LODHI ACT 2///

         IT ENDED IN A SITUATION THAT, AT THAT TIME, GAVE THE 
         PRIME MINISTER A VICTORY.  IN THE PROCESS, WHAT HAD 
         HAPPENED WAS THE WHOLE SUPREME COURT'S CREDIBILITY HAD 
         BEEN UNDERMINED.  AND I THINK RECENT ACTIVISM BY THE 
         SUPREME COURT MAY BE DESIGNED TO TRY TO REESTABLISH AND 
         REGAIN SOME OF THAT LOST CREDIBILITY.

                          ///END ACT///

ALTHOUGH THIS WEEK'S RULINGS BY THE SUPREME COURT ARE WITHIN THE 
CONSTITUTION, OBSERVERS ARE UNCERTAIN WHERE THIS SHOWDOWN WILL 
END.  PRIME MINISTER SHARIF HAS USED HIS MAJORITY STRENGTH IN THE
PARLIAMENT TO TRY TO BLOCK SUPREME COURT DECISIONS.

SUPREME COURT LAWYER AND FORMER LAW MINISTER IFTIKHAR GILANI SAYS
PRIME MINISTER SHARIF CAN BE RELENTLESS AND UNPREDICTABLE.  MR. 
GILANI DOES  NOT  RULE OUT ANOTHER CLASH BETWEEN THE COURT AND 
THIS GOVERNMENT.

                        ///GILANI ACT///

         THIS GOVERNMENT WONT STOP AT ANYTHING.  ANYTHING IS 
         POSSIBLE.  PHYSICAL VIOLENCE, CONSTITUTIONAL 
         MANIPULATION, PERSONAL MANIPULATIONS...PRESSURES.  HE 
         COULD PULL A RABBIT OUT OF HIS HAT AND IT WOULD NOT 
         SHOCK ME.

                          ///END ACT///

OBSERVERS SAY THE SUPREME COURT AND THE PRIME MINISTER ARE 
HEADING TOWARD A CONFRONTATION SIMILAR TO WHAT HAPPENED IN 1997. 
THE SUPREME COURT TAKES UP THE CASE OF THE MILITARY COURTS 
FEBRUARY 1ST.   (SIGNED)

NEB/SA/LTD/KL

14-Jan-99 9:22 AM EST (1422 UTC)
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Source: Voice of America
.