U.S. House of Representative Call for the reinstatement of the Nov. 2 Supreme Court by the Government of Pakistan

110th CONGRESS: 2nd Session
H. RES. 1044: Dismissal of the Supreme Court in Pakistan. Call for their reinstatement by the Government of Pakistan.

IN THE HOUSE OF REPRESENTATIVES
March 12, 2008

Ms. ZOE LOFGREN of California (for herself and Mr. DELAHUNT) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION
Condemning the dismissal of the Supreme Court in Pakistan and calling for their reinstatement by the Government of Pakistan.

Whereas on March 9, 2007, President Pervez Musharraf of Pakistan suspended the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry;

Whereas this removal triggered months of protests by hundreds of Pakistani lawyers;

Whereas on July 20, 2007, the Supreme Court of Pakistan found Chaudhry's removal unconstitutional and reinstated him as Chief Justice;

Whereas following his imposition of emergency rule on November 3, 2007, President Musharraf required Supreme Court justices to take a new oath of office under the Provisional Constitution Order and dismissed seven judges, including the Chief Justice, who refused to take this new oath;

Whereas the principles of constitutional order and the rule of law are prerequisites to any functioning democracy;

Whereas an independent judiciary and free elections are equally vital as fundamental foundations of democracy;

Whereas section 699F(b)(3)(D) of the Consolidated Appropriations Act, 2008 (Public Law 110-161), withholds $50,000,000 of Foreign Military Financing for Pakistan pending the restoration of an independent judiciary; and

Whereas these actions by President Musharraf undermine democratic governance and rule of law in Pakistan and thus reduce the ability of the Government of Pakistan and the Government of the United States to effectively fight against al Qaeda and Taliban terrorists that threaten United States interests in South Asia : Now, therefore, be it

Resolved, That the United States House of Representatives--
(1) commends members of the legal profession in Pakistan as well as opposition politicians, human rights activists, and independent journalists for their courageous opposition to the removal of Chief Justice Chaudhry, their principled leadership in defending the Constitution of Pakistan, and promoting the rule of law;
(2) welcomes public statements from Pakistan's new civilian leaders that they intend to restore all judges dismissed after November 3, 2007, to office; and
(3) calls on the Government of Pakistan, consistent with section 699F(b)(3)(D) of the Consolidated Appropriations Act, 2008 (Public Law 110-161), to restore to their positions Chief Justice Iftikhar Muhammad Chaudhry and all Supreme Court and high court justices and other members of the legal profession in Pakistan who were removed from office since the imposition of emergency rule, and to respect the independence of the Pakistani judiciary .