WASHINGTON, Feb 2: President Pervez Musharraf retains the power to dissolve the next parliament if it restores the previous judiciary, says the US State Department.
A senior State Department official made these observations while explaining at a recent congressional hearing how the United States views the judicial crisis in Pakistan and how it believes this dispute can be resolved.
Assistant Secretary of State Richard Boucher told a congressional panel that while the United States views the sacking of judges in Pakistan as “not a good move,” it also believes that the issue of an independent judiciary in Pakistan can’t be solved that simply.
“To fix it, it needs to be done with the full political process, with the newly elected prime minister and other leaders, and they have to try to get together and figure out how to have a good and independent judiciary in Pakistan,” he said.
The explanation led to a debate between Mr Boucher and the lawmakers who argued that Washington’s position on this dispute was not based on sound logic and it may enhance anti-American feelings in Pakistan.
At this stage, Congressman Peter Welch, a Vermont Democrat, asked Mr Boucher if it’s true that President Musharraf retains the power to dissolve the parliament which will be elected on Feb 18.
“That’s been the case for a long time,” said the US diplomat who is also his department’s pointsman for South Asia.
“So … if the parliament takes an action to restore the judiciary, President Musharraf has the power to dissolve the legislature and negate that action,” Mr Welch asked.
“In theory, yes. I mean, as you all know, there’s sort of constitutional law and there’s politics,” said Mr Boucher.
This caused Congressman Welch to ponder loudly why the United States was supporting a system that invalidates the entire electoral process by giving an individual the power to dissolve a body elected by the people.
“If you look at the history of Pakistan, you’ve had prime ministers kicked out by presidents and by the army. Some of that’s in the constitution; some of it’s not,” said Mr Boucher.
“The fact is, we’re going to have a new political situation after the election. The parties are participating, and we hope they can get a fair representation.”
The congressman then asked Mr Boucher if he sees President Musharraf as indispensable as his boss, Deputy Secretary of State John Negroponte recently described the Pakistani leader.
“I do, sir,” said Mr Boucher. “I think he’s led the nation the way it’s gone.” He then said that Mr Musharraf has now taken a new role. Although he is still the president, he is no longer “the guy in charge. So he’s going to be one player along with a newly elected prime minister and a number of other government institutions”.
Earlier, Congressman John F. Tierney, a Massachusetts Democrat who was presiding the hearing, noted that “despite the essential need of a legitimate and impartial judiciary in the electoral process, the Bush administration appears willing to concede a dismantled judiciary to President Musharraf.
“Despite signs that the vaunted Pakistani military establishment is distancing itself from President Musharraf, this administration appears willing to continue, and expressing steadfast support for President Musharraf. Despite evidence that President Musharraf’s clinging to power represents a distraction to our counterterrorism efforts, we continue to pursue policies described by Pakistanis as Busharraf.”
