ISLAMABAD, 13 October 2007 — The Supreme Court yesterday injected further uncertainty into Pakistan’s turbulent politics by saying the law giving amnesty to former Prime Minister Benazir Bhutto was reversible, lawyers said. However, the court refused to suspend the amnesty, saying it will consider if the amnesty is legal.
The move means Benazir, who is due to return to Pakistan on Thursday, could still face corruption charges if the court overturns the controversial “reconciliation ordinance” that Musharraf signed a week ago.
Musharraf has been at odds with the court since trying to sack its chief justice, Iftikhar Chaudhry, in March, and the court will next week hear appeals against the military ruler’s win in a presidential vote.
Chaudhry yesterday agreed to hear five appeals against the amnesty, which clears all politicians charged with graft between 1985 and 1999 and was supposed to pave the way for a Musharraf-Benazir power-sharing deal.
He said that those receiving an amnesty would “not be entitled to claim any protection (from prosecution) if this court concludes that the ordinance and its provisions are beyond the constitution.” Chaudhry set the next hearing in three weeks’ time.
The amnesty accord was one of Benazir’s conditions for a US-backed power-sharing pact with Musharraf ahead of parliamentary elections to be held in early January, in which she plans to lead her Pakistan People’s Party.
The charges against Benazir refer to $1.5 billion which she and her husband allegedly siphoned off during her two terms in power between 1988-1990 and 1993-1996.
Benazir’s party insisted that she would fly back to the southern city of Karachi next Thursday. This week, she rejected a call by Musharraf to delay her return until Musharraf’s election win had been confirmed.
“Benazir Bhutto will come back to Pakistan on Oct. 18. She will not change her program on anybody’s advice or threat of litigation,” said Babar Awan, a party senator and prominent lawyer.
But a minister close to Musharraf said that the court decision “can impact future arrangements” with Benazir.
“If the cases are not going to be withdrawn, then what is the use of her coming back?” Railways Minister Sheikh Rashid told AFP. “The judicial activism has opened up a new avenue and there is a new situation now.”
Presidential aides have previously indicated that Musharraf could declare martial law if the court rules against his landslide victory in Saturday’s vote for another five-year term in power.
Musharraf, who seized power in a coup eight years ago yesterday that was later rubber-stamped by the Supreme Court, himself warned against “negative” judicial activism in several interviews this week.
Chaudhry however insisted that the court was not hearing cases “against any specific individual” and ordered lawyers not to mention Benazir, Musharraf or any other public figures by name during the court sessions.
“We are not against anyone, we only have to examine this law. We are not hearing a case against any specific individual,” he said.
— With input from agencies
