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Court rejects file on Pakistani judge


President Gen. Pervez Musharraf's attempt to remove Pakistan's chief justice received a setback Monday when a Supreme Court judge rejected government evidence and ordered a sweep of courts and judges' homes for spying devices.

Musharraf suspended Chief Justice Iftikhar Mohammed Chaudhry on March 9 for alleged misconduct, sparking a legal tussle that has fueled growing opposition to military rule.

Last week, the government filed a thick file of evidence against Chaudhry with the Supreme Court, which is examining the judge's appeal of his suspension.

But at a hearing Monday, the presiding judge rejected the documents and reprimanded a senior government lawyer for presenting "vexatious and scandalous" material.

Justice Khalil-ur-Rehman Ramday provided no details on the contents of the file, but referred to concerns raised by Chaudhry's lead counsel, Aitzaz Ahsan.

Ahsan said the file contained photographs taken inside Chaudhry's home as well as anonymous complaints and derogatory remarks about senior judges.

Chaudhry's lawyers "repeatedly pointed out ... that intelligence agencies were swarming this court" and spying on senior judges, Ramday said.

He ordered the head of the Intelligence Bureau, one of several Pakistani spy agencies, to check the top courts and homes of senior judges and file a sworn statement next week that none was being spied on.

He also barred intelligence officials from the high courts and from soliciting information from court officials.

Monday's decision was another setback to the government's case against Chaudhry, which has already backfired, fueling a national protest movement and threatening Musharraf's political survival.

The Supreme Court's agreement to even hear the judge's appeal was considered a setback. The judges are expected to rule later this month and a decision against Musharraf could seriously dent the Pakistani leader's authority.

Malik Mohammed Qayyum, a senior government lawyer, and Chaudhry Akhtar Ali, the attorney who delivered the file to the court, said they had not looked at the documents. Ali said a senior official from the Law Ministry had given him the file.

Musharraf has accused Chaudhry of nepotism and seeking unwarranted privileges, and passed evidence to a judicial complaints tribunal. He insists the move had no political motive.

However, critics suspect that Musharraf was trying to remove an independent-minded judge to prevent him from upholding legal challenges to the president's continued rule.

Musharraf has said he will ask lawmakers for a new five-year term this fall, but opposition parties, who have joined lawyers in mass protests across the country since March 9, are insisting he wait until after parliamentary elections slated for year-end.

The crisis has increased speculation that Musharraf, a key U.S. ally who seized power in a 1999 coup, will try to strike a power-sharing deal with opposition leader Benazir Bhutto, a former prime minister.

Bhutto insists Musharraf must give up his role as army chief _ the real source of his power _ if he wants to stay on as president, something Musharraf appears reluctant to do.

Copyright 2007 AP News
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Author:SADAQAT JAN
Publication:AP News
Date:Jul 2, 2007
Words:484
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