High court: Musharraf’s state of emergency unconstitutional

ISLAMABAD, Pakistan (AP) — Pakistan’s Supreme Court ruled Friday that the state of emergency former President Pervez Musharraf imposed in 2007 was unconstitutional and declared invalid the appointments of judges he made during that period.

The decision could lay the groundwork for treason charges against the ex-army chief, and some fear it could cause political turmoil at a time when Pakistan is battling a Taliban insurgency. But the court said the ruling — the most severe against a former military leader — would strengthen democracy in a country plagued by repeated military dictatorships.

The 14-member bench that delivered the ruling was headed by Chief Justice Iftikhar Mohammed Chaudhry, whose attempted ouster by Musharraf spurred much of the political turmoil that ultimately led to the strongman’s downfall.

“The constitution is supreme, and this decision will strengthen democracy and democratic institutions,” Chaudhry said.

The court added that rulings made by the judges who were improperly appointed could still stand and told Parliament to decide which of the laws that Musharraf pushed through during the unconstitutional emergency could remain on the books.

Musharraf declared the emergency when it appeared the Supreme Court might challenge his eligibility for office. The measures — which were accompanied by mass detentions and harsh media restrictions — enraged an already emboldened opposition.

Eventually, under domestic and international pressure, Musharraf allowed elections that brought his foes to power in February 2008. Under threat of impeachment, he stepped down in August 2008.

Ever since, many opponents have demanded that he be held accountable.

Musharraf, who is living in London, ignored a summons to appear before the court or send a lawyer this week to explain his actions.

A man who answered the phone at a number for Musharraf in Britain said the retired general had no comment.

“He’s not commenting; he was not represented at the court,” the man said. He declined to give his name and hung up when asked what Musharraf’s plans were.