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Chief justice's retirement creates opening in Pakistan

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ISLAMABAD: The chief justice of Pakistan's Supreme Court retired on Saturday, opening the way for the restoration of a judge ousted by the former military ruler, Gen. Pervez Musharraf, and championed by opponents of the current pro-Western government.

Abdul Hameed Dogar stepped aside because he reaches the retirement age of 65 on Sunday. He had been sworn in as chief justice after General Musharraf declared emergency rule and purged the court in 2007 to halt challenges to his plans to extend his rule.

General Musharraf was eventually pushed from office by a coalition that trounced his supporters in 2008 elections. That coalition denounced emergency rule and vowed to restore the ousted judges, who had become symbols of a movement to restore democracy.

However, the new president, Asif Ali Zardari, balked at bringing back the displaced chief justice, the independent-minded Iftikhar Mohammed Chaudhry, until opposition parties and activist lawyers threatened mass protests last week.

Mr. Chaudhry formally takes charge of the Supreme Court on Sunday and is expected to return to work on Tuesday. Monday is a holiday.

His return has eased a political crisis that threatened to paralyze a government already struggling to tackle rising Islamist militancy and serious economic problems.

The government relented only after pressure from the United States and Britain, which worried that Pakistan would be unable to focus on combating Taliban and Al Qaeda militants involved in the spiraling Afghan insurgency.

Mr. Chaudhry's restoration to office is sensitive because of the dubious legality of a string of measures enacted under General Musharraf, including a pact that quashed long-standing corruption cases against President Zardari and his late wife, the former leader Benazir Bhutto.

The opposition leader Nawaz Sharif has said that General Musharraf himself should face treason charges. General Musharraf, who ousted Mr. Sharif's government in a 1999 coup, had him jailed on terrorism charges and then sent him into exile, has acknowledged that the 2007 emergency was unconstitutional.

At a farewell dinner for Mr. Dogar on Friday, Mr. Zardari said the past should be forgotten.

"It is time to look forward and build on what has been achieved," Mr. Zardari said, according to a transcript of his remarks released by his office.

Mr. Zardari said his ruling party believed Pakistan's institutions should "gain strength through evolution and continuity."

"Our vision may not have been shared by all. Some were even critical. This is the price leaders have to pay," he said.

Political tensions are still running high because of a Supreme Court ruling last month that disqualified Mr. Sharif and his politician brother Shahbaz from elected office because of convictions dating from General Musharraf's rule.

Mr. Zardari promptly dismissed the administration in Punjab, Pakistan's biggest and wealthiest province, which had been led by Shahbaz Sharif, and put in under federal control.
 
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