Egyptian Court Postpones Ruling on Constitutional Assembly


Wissam Nassar


Egyptian police officers stood guard outside Egypt's Supreme Constitutional Court on Sunday, while supporters of President Mohamed Morsi protested near the entrance of the building.







CAIRO — Egypt’s constitutional court on Sunday put off its much-awaited ruling on the legitimacy of the Islamist-led legislative assembly that drafted a new charter last week, accusing a crowd of Islamists outside the courthouse of intimidating its judges.




What actually took place at the courthouse, however, is a matter of dispute.


Calling Sunday “a dark black day in the history of the Egyptian judiciary,” the Supreme Constitutional Court charged in a statement that a mob of Islamists had blocked the judges from entering the courthouse, in an “abhorrent scene of shame and disgrace.”


Approaching the court, the judges saw crowds “closing the entrances of the roads to the gates, climbing the fences, chanting slogans denouncing judges and inciting the people against them,” the statement said, adding that “the threat of harm” prevented the judges from entering. The judges said they were suspending the court’s sessions until they could resume their work without “psychological and physical pressures.”


While the judges blamed the Islamists, the Islamists accused the judges of manufacturing a melodramatic excuse for failing to show up. And the contradictory narratives captured a clash between the judges — appointed by Hosni Mubarak, the former president — and Egypt’s new Islamist leaders that has thrown the political transition into a new crisis 22 months after Mr. Mubarak’s ouster.


Egyptian courts had previously dissolved both the elected Parliament and an earlier Constitutional Assembly, and the breakup of the current one would have completely undone the transition. President Mohamed Morsi cited the pending ruling on Nov. 22 when he put his own edicts above judicial review until ratification of the constitution, saying that he intended to protect the assembly until it finished its work.


That same apprehension about the ruling drove the assembly to rush to approve a constitution just before dawn on Friday, over the objections of secular parties and the Coptic Christian Church, before the court could act.


The judges’ statement on Sunday was a counterattack, and the scene outside the courthouse was much quieter than their statement described. A line of hundreds of riot police officers backed by a fire truck and several armored personnel carriers were on hand to secure the judges’ entry to the courthouse, and several people were seen coming and going without any difficulty.


The Interior Ministry said in a statement on its Web site that it had arranged to secure the entrance and protect the judges, that the protests were “peaceful,” and that a number of judges had already arrived safely.


On the other side of the police line was a relatively staid crowd of a few hundred demonstrators from the Muslim Brotherhood, Egypt’s mainstream political group, and its political arm, Mr. Morsi’s Freedom and Justice Party. Like many of the group’s demonstrations, it was a mostly middle-aged, middle-class crowd of men in sweaters and a few neckties. By around 10 a.m., some were chanting slogans, but others were sitting on the ground reading newspapers. Many carried placards with Mr. Morsi’s picture or banners with the logo of his party, and one was reading its Web page on his iPad.


“We immunize the constituent assembly, and dissolve the constitutional court,” they chanted. “Freedom is coming, coming.” Some chants were directed at Judge Tahani el-Gebali, who is known for her political activism and opposition to the Islamists.


Magdy Hamed, 47, a businessman and member of the Brotherhood’s party, said the demonstrators had done nothing to stop the judges from entering. “We didn’t stop them,” he said. “We are asking them to come down and do their job.”


Mahmoud el-Akhas, 51, another businessman and party member, interjected, “We are here to exert pressure on the Supreme Constitutional Court to comply with the will of the people.” He reiterated the fears of many Islamists that the court might even seek to annul the presidential decree that granted Mr. Morsi power over the generals who ruled after Mr. Mubarak was ousted.


“The Egyptian people like stability,” Mr. Hamed said. “We don’t want chaos, and we don’t want to start this transition all over again.”


Mayy El Sheikh contributed reporting.



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