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Egyptian Court Reinstates Prosecutor | ASHARQ AL-AWSAT English Archive 2005 -2017
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File photo of Egypt’s General Prosecutor Abdel Maguid Mahmoud speaking to reporters in his office in the High Court in Cairo. (REUTERS/Amr Abdallah Dalsh/Files)


File photo of Egypt's prosecutor-general Abdel Maguid Mahmoud speaking to reporters in his office in the High Court in Cairo. (REUTERS/Amr Abdallah Dalsh/Files)

File photo of Egypt’s prosecutor-general, Abdel Maguid Mahmoud speaking to reporters in his office in the High Court in Cairo. (REUTERS/Amr Abdallah Dalsh/Files)

Cairo, Asharq Al-Awsat—An Egyptian court on Wednesday overturned a controversial decision by President Mohamed Mursi to sack former Prosecutor General Abdel Meguid Mahmud, ordering his reinstatement.

Mursi had sacked Mahmud in November last year as part of a contentious decree in which he granted himself sweeping powers and placed his decisions beyond judicial review. Although Mursi later withdrew this presidential decree following immense public pressure, the decisions taken under it—including Mahmud’s sacking—were protected under the constitution that came into force in December. Mahmud was replaced by the current prosecutor general, Talaat Abdullah.

Judge Sana Khalil announced, “The court ruled that the president’s decision to sack Judge Abdel Meguid Mahmud is void and orders the minister of Justice to reinstate him.”

Commenting on the decision, chairman of the Egyptian Judges Club, Ahmed Al-Zind, described this as “a victory, not just for the judiciary, but the Egyptian people.”

Speaking exclusively to Asharq Al-Awsat, Zind stressed that Mahmud’s sacking by President Mursi had been illegal, describing it as an “insult” to all Egyptians.

He emphasized that the decision by the court of appeal to reinstate the prosecutor general demonstrates that Egypt is not being governed according to “dreams, delusions and personal whims, nor by a ruling gang or clique.”

As for rivals playing down the importance of this decision, Zind stressed that those taking this approach are “unimportant.” He added, “This is not a battle, nor are they a match for the judiciary.”

He said, “We know that this judgment is not the end of the road, but it has found a special place in the heart of every Egyptian. Every Egyptian takes joy and satisfaction [in this decision] in the midst of many things that have changed and gotten worse. This judgment demonstrates that the Egyptian judiciary does not bend and is not afraid to make the right decision.”

He added, “This judgment has also demonstrated, to the entire world, that the proud Egyptian judiciary remains in good health.”

As for what will happen now in Egypt, with two prosecutors general present on the judicial scene, Zind told Asharq Al-Awsat, “The judiciary said, very clearly, that the decision to sack the prosecutor general [Mahmud] has been annulled, while the presidential decree appointing a second prosecutor general has also been annulled. Therefore, everything based on [the presidential decree] is no longer in effect.”

Zind also criticized the new Egyptian constitution, which President Mursi signed into law in December, saying, “A constitution that has been drafted overnight and that includes special articles to benefit special figures, such as Abdel Meguid Mahmud or [Vice-President of the Supreme Constitutional Court] Tahani Al-Gabali … is not a real constitution.”

He added, “A constitution that has been drafted to deal with a specific issue or to settle scores is not a real constitution, and this constitution will be annulled, God willing.”

Zind concluded his remarks by stressing that those attempting to discredit this judicial decision are playing a dangerous game, and called on the media to ignore their concerns.

He said, “Our joy at this decision distracts us from all the other frivolous technical issues, and even if they challenge this ruling, it will remain.”

He added, “This is not an attempt at provocation, rather, I am basing this on experience because the issue now is related to contravening a legal constitution. I do not think that anybody who understands the law can say that the decision to sack the prosecutor general was correct, and I do not think challenging or appealing this will change anything.”

This decision is set to intensify long-standing tensions between the Egyptian presidency and judiciary, which has accused Mursi of attempting to curb its independence.