On July 19, the full bench of Pakistan’s Supreme Court restored the deposed chief justice in a 10:3 decision, causing tremendous jubilation in the streets over the victory of rule of law. The general perception is that the decision is the defeat of a military dictator. Former Prime Minister Nawaz Sharif called it the death of the ‘doctrine of necessity’ invoked in the past by the Supreme Court to legitimise military rule. From a legal perspective, the decision indeed heralds a new chapter in the otherwise sad history of the country’s superior court. For the common Pakistani, the restoration of the chief justice is not just a decision but a symbol of the strengthening of an institution that has the capacity to check authoritarian leadership.

However, once the euphoria dies down, it is important that people take a step back and evaluate the situation and what it really means for the political future of the country. Although a victory for the judiciary, the decision also provides breathing space for Musharraf. At this juncture the general was more concerned about stopping the movement of lawyers, despite the calculation by the intelligence agencies that the hot weather will tire people down. The lawyers not only braved the weather but the coercion of the state as well. As for the legal defeat, making questionable decisions and then withdrawing them in the face of pressure is Musharraf’s signature style. Decency demands that Musharraf and Shaukat Aziz resign from the government.

Musharraf’s primary focus is to get re-elected as president and retain his uniform. This he had hoped to do through a deal with Pakistan People’s Party’s Benazir Bhutto. Till a few days ago it seemed that Benazir was ready for an agreement. However, her recent statements expressing her unwillingness to strike an agreement with the general demonstrate her capacity to raise her price and a certain consciousness that a deal will not go down well with her party, particularly after this decision. The political parties were getting a lot of flak for not spearheading a popular movement.

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