Deposed judges' restoration

To the extent that the ruling coalition is resolved to abide by its commitment to restore the deposed judges within 30 days of the formation of federal government through a resolution of parliament, decks have been cleared.
The heads of three ruling coalition parties - Asif Ali Zardari, Nawaz Sharif and Asfandyar Wali - met at the Zardari House on Tuesday and reiterated their commitment to the restoration timeline. But as to what would be the modus operandi to translate that parliamentary resolution into reinstatement of the judges was left mostly unsaid. Instead of meeting the waiting reporters for a regular press conference after the crucial meeting, the top leaders left the venue leaving behind a vaguely worded press release and their number twos to contend with media persons. A few conjectures have been cited by the media in an attempt to present the ultimate shape of things.
So a few more meetings between the top coalition leaders are expected to take place in order to sort out differences over the text of the proposed resolution as well as to fix up the arrangement that would be required to execute the follow-up. As to what worked as catalytic to clinch unanimity at the Tuesday meeting is said to be the participants' perception that the recent unsavoury incidents surrounding maltreatment of former federal minister Sher Afgan and ex-chief minister Dr Arbab Rahim and the ugly protest in the home town of the Prime Minister, Multan, were part of a conspiracy against the government.
On the face of it, the ruling coalition leadership seems to have walked past of the hurdle being bandied around as 'minus-one formula'. It is now almost certain that all the deposed judges, including Chief Justice Iftikhar Muhammad Chaudhry, are being restored to their pre-November 3, 2007 positions. This would happen as a consequence of the parliamentary resolution. That must vindicate the stand taken by lawyers and their sympathisers in the political field and civil society.
But the story does not end there; there obtains a widely-shared perception that the said parliamentary resolution would be only the first step of what is being described as 'two-step formula'. As a second step, the government would move the parliament to redefine 'independence of judiciary', particularly by seeking devolution of administrative powers possibly to a council of judges. The second step may form part of the larger package that is said to be in the making or a separate item, but certainly it would come almost coincidental to the parliamentary resolution on restoration of judges.
But for Nawaz Sharif having agreed to the rationale of the second step, it is difficult to imagine that Asif Zardari would have consented to the first step unconditionally. The latter entertains quite a different perspective on the ongoing judicial movement and has never relented on his perception that something more than merely reinstating the deposed judges is required to be done by his government.
What final picture emerges from the two-step parliamentary action, it is difficult to predict, but certainly with this imbroglio taken care of the coalition government will have been placed on a firmer footing and better equipped to confront the enormous challenges most of which it inherited from the vendors of 'real democracy' and 'good governance'. Another beneficiary, albeit vicariously, will be the general litigant public. Over the last one year or so and since the filing of presidential reference against former Chief Justice Iftikhar Muhammad Chaudhry in March 2007, the pace of work in superior courts has definitely slowed.
Of course, the lawyers never wanted this to happen but it did happen, though as a collateral fallout of their boycotts. With uncertainty removed the courts' work is expected to gain speed. Then it is also very likely that administrative reform that may result from legislation on the second step of the formula, the judges will acquire greater autonomy. Removed from the strong central control, the judges would feel less fettered and freer in delivering justice - thus turning the page over our judicial history which was not very glorious.