KARACHI, 20 April — Lahore High Court Judge Malik Muhammad Qayyum, who has been accused by the apex court of fixing former Prime Minister Benazir Bhutto’s corruption trial, has refused to resign.
The Supreme Court in its ruling on Wednesday said it had found “bias is floating on the surface of the record” of the trial. It accused Qayyum of accepting favors from then Prime Minister Nawaz Sharif for delivering the guilty verdict.
“ I am not quitting. No one asked me to,” he told reporters in his hometown, Lahore, soon after the text of the verdict was released by the apex court.
Officials, however, confirmed later that he had proceeded on leave till April 21 and may resign afterward. The government can also file a case against him in the Supreme Judicial Council, the apex body which comprises senior judges and deals with cases of incompetence and corruption against sitting judges of the superior courts. Three judges have been removed in the country’s 52-year history so far by the high-powered council. They were Justice Fazle Ghani, Sheikh Shaukat Ali and Ikhlaq Hussain.
Meanwhile, reports said Justice Qayyum is under strong pressure to resign.
“Frankly speaking, the one on trial now is the trial judge,” said Farhatullah Babar, a spokesman for Benazir’s Pakistan People’s Party. The apex court in its judgment said the judge “took a personal interest in the case” and allegedly used his “influence” with a junior member of the trial bench to secure the verdict. Benazir and her husband Asif Ali Zardari, a former senator, were both given five-year prison sentences, fined $8.6 million and disqualified from parliament for seven years.
Benazir went into self-exile in London shortly before the conviction while Zardari is languishing in prison with failing health.
Babar echoed calls from the legal community for Qayyum’s immediate resignation, but the judge has so far refused to accept fault. “There is no question of resignation,” he told the Nation daily. “Until I go through the detailed judgment I cannot opine on it,” he said.
In another development a “thrilled and elated” Benazir plans to hasten her return from exile after the Supreme Court ruling.
Babar said the two-time prime minister, who has lived in exile since shortly before her 1999 conviction, was “thrilled and elated” at the news.
“She is eager to know what is the immediate fallout of the judgment,” he told AFP, adding Benazir was on her way from London to Dubai.
“We expect that this will lead to her total and unconditional acquittal. That will mean a major hurdle has been overcome ... and will certainly hasten the process of her return.”
Benazir has said she is ready to return to Pakistan to lead the democracy movement against the military regime of Gen. Pervez Musharraf, but only after popular momentum is behind her.
“Judicially, morally and politically she has been vindicated,” Babar said, adding that outstanding corruption allegations against her held no water.
“This was the most serious case and as one of the prosecutors privately said, if this case falls apart they will not be able to sustain the others.” While the judgment appears to have damaged the military regime’s public campaign to discredit Benazir and deny her a role in politics, it has also fueled speculation that she has cut a secret deal with Musharraf.
Some analysts believe Musharraf is looking for a sympathetic but legitimate politician to run parliament, which was suspended following the October 1999 coup, while he takes the role of president.
The general, who toppled Sharif’s government and exiled him — removing Benazir’s only rival — has said he will step aside after general elections which he has promised before Oct. 12 next year.
Benazir has denied she would make any deals with the military and remains Musharraf’s strongest critic, although her popular support is weak.
“There are strong hints that she would accept Musharraf in the role of president of the country if allowed a share in the power, at least for the time being,” said political columnist Asha’ar Rehman.
A government spokesman quoted on the state-run APP news agency said Wednesday’s judgment showed the “process of accountability is above board, it is transparent and absolutely non-political.”
