H.Res.1044 - Condemning the dismissal of the Supreme Court in Pakistan and calling for their reinstatement by the Government of Pakistan.110th Congress (2007-2008)
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Shown Here: Introduced in House (03/12/2008)
110th CONGRESS 2d Session
H. RES. 1044
Condemning the dismissal of the Supreme
Court in Pakistan and calling 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 .