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Egyptian judges postpone ruling on charter assembly

Court says that Islamist protests block their work

CAIRO — Egypt's highest court on Sunday indefinitely postponed its much-awaited ruling on the legitimacy of the legislative assembly that drafted a new charter last week. The court accused a crowd of Islamists of blocking judges from entering the building, on what it called ''a dark black day in the history of the Egyptian judiciary.''

Although hundreds of security officers were on hand to ensure that judges of the Supreme Constitutional Court could get into the court, and civilians came and went without any problems, the accusations intensified a standoff between the judges appointed under former President Hosni Mubarak and Egypt's new Islamist leaders.


The conflict has thrown the political transition in Egypt into a new crisis 22 months after Mubarak's ouster.

Upon approaching the court on Sunday morning, the judges said in a statement that they saw crowds ''closing the entrances of the roads to the gates, climbing the fences, chanting slogans denouncing its judges, and inciting the people against them.''

The judges were prevented from entering ''because of the threat of harm and danger to their safety,'' the statement said, calling it ''an abhorrent scene of shame and disgrace.''

As a result, the judges announced that they were ''suspending the court's sessions'' until they could resume their work without ''psychological and physical pressures.''

Anticipation of the court's decision on the new constitution had set off the latest political crisis.

Fear that the court would dissolve the assembly and undo months of work led President Mohammed Morsi, of the Muslim Brotherhood's political party, to announce 10 days ago that his edicts were not be subject to judicial review until the completion of the constitution.

Despite Morsi's attempt, the same anticipation of dissolution drove the Islamist-dominated assembly to rush out a hurried constitution before the court could act and against the objections of Egypt's secular parties and the Coptic Christian Church. Judges appointed by Mubarak had previously dissolved the elected Parliament and the first constitutional assembly.


The sudden effort by the president and his Islamist allies to push through a constitution over any objections from their secular factions or the courts has unified the opposition, prompted hundreds of thousands of protesters to take to the streets and set off a wave of attacks on a dozen offices of the Brotherhood's Freedom and Justice Party.

A judicial trade association has urged judges across the country to go on strike, and some of the highest courts have joined it.

Over the weekend, Morsi continued to push his plans for the new constitution, setting a national referendum on it for Dec. 15.

But his recent tone and actions reminded critics of the autocratic ways of his predecessor, and have aroused a new debate here about his commitment to democracy and pluralism at a time when he and his Islamist allies dominate political life.

Morsi's advisers call the tactics a regrettable but necessary response to genuine threats to the political transition from what they call the deep state — the vestiges of the autocracy of former Mubarak, especially in the news media and the judiciary.

The Muslim Brotherhood has mobilized hundreds of thousands of backers to rally on Morsi's behalf. On Saturday, crowds gathered at Cairo University to support the president and against the court.

By about 10 a.m. Sunday, hundreds of Islamists had done just that. Like many demonstrations called by the Muslim Brotherhood, the mainstream Islamist group, it was a mostly middle-aged and middle-class crowd of men in sweaters and a few neckties. Many carried placards with Morsi's picture or banners with the logo of his party.


Several armored personnel carriers and hundreds of riot police officers formed a barrier to try to hold back the demonstrators.

Mahmoud Akhas, 51, a businessman and party member, said, ''We are here to exert pressure on the Supreme Constitutional Court to comply with the will of the people.'' Many Islamists said that the court might dissolve the constitutional assembly or even seek to annul the presidential decree that granted Morsi power over the generals.

An alliance of secular opposition groups issued a statement questioning the legitimacy of the constitutional assembly.It said the charter the assembly had drafted would ''restrict the political, civil, economic and social rights and freedoms of Egyptians'' and ''expresses the vision of one party,'' the Islamists.

And they called for a march to the presidential palace on Tuesday to deliver what they called ''a final warning'' to Morsi to cancel the referendum on the new constitution.