Supreme Court Declines to Review Appeal Against Shaka Expulsion, but May Review It at a Later Time

The Supreme Court declined today to review an appeal against the expulsion of Mayor Bassam Shaka of Nablus but left open the possibility of a review after other legal means are exhausted. In a courtroom packed with spectators including the mayors of several West Bank towns, the justices referred the appeal to the Public Advisory Board of the Military Government which is empowered to hear complaints against the military authorities in the occupied territories.

The court rejected the argument of Shaka’s attorney, Felicia Langer, that the Public Advisory Board is in fact on agency of the Military Government against which the appeal was made and its decision there fore may be prejudiced. it ruled that there was no cause for a hearing before the highest judicial body as long as procedures at a lower level remain open. However, if the advisory board rejects his appeal, Shaka will have three days to reinstate it before the Supreme Court.

The justices also refused to order the release of Shaka from Romle jail, where he was incarcerated two weeks ago, until the status of the expulsion order is clarified. Shaka has been on a hunger strike since last week.

A SHOWDOWN POSTPONED

The high court’s action today postponed a show down in a case that has taken on international ramifications and has for-reaching implications for Israel’s policies on the West Bank. Shaka, on outspoken supporter of the Palestine Liberation Organization, was ordered deported two weeks ago because of statements attributed to him that were construed as justifying the terrorist attack on Israel’s coastal high way in March, 1978 that took 34 civilian lives.

The statements, made at a private meeting between Shaka and Maj. Gen. Danny Matt, the Defense Ministry’s coordinator of activities on the West Bank, were leaked to the press, sparking angry demands for his deportation. Later, transcripts of his conversation with Matt indicated that Shaka had only warned that terrorist acts would continue until the Palestinian problem is resolved.

But the Military Government contended that Shaka has a long record of incitement against Israel which warrants his deportation regardless of how his remarks to Matt are interpreted. Evidence against Shaka was presented to the Supreme Court in closed session.

CASE IS AN INTERNATIONAL ISSUE

The case became an international issue when the United Nations Security Council adopted a consensus statement opposing Shaka’s deportation last Friday, the General Assembly adopted a reso-

The Shaka case aroused strong emotions in Israel and touched off a series of disturbances and general strikes on the West Bank The mayors of 25 towns on the West Bank and Gaza Strip resigned collectively in a demonstration of solidarity with their Noblus colleague. In Israel, majority opinion seems to Favor the deportation of Shako to Jordan although some opposition factions have argued vehemently against it.

The tension was evident outside the courtroom today. Reinforced police units surrounded the building and prevented people from entering after the chamber was filled. MK Charlie Biton, leader of the Communist-affiliated Black Panther movement, reportedly slapped a policeman when he was barred from entering.

(In Onawa, External Affairs Minister Flora MacDonald told the External Affairs Committee of the House of Commons yesterday that she has asked the Canadian Ambassador in Israel to tell Israeli authorities that Canada was concerned over the arrest and deportation order for Shaka. MacDonald said Canada voted for a United Nations resolution last week condemning the arrest and deportation order.)