|
sacking of judges and promulgation of some three dozen ordinances. One of the ordinances, named the National Reconciliation Ordinance [NRO] relates to withdrawal of cases against politicians from the ruling PPP and the opposition Pakistan Muslim League [Nawaz]. It was under the NRO that Zardari and Benazir Bhutto were given amnesty from charges of corruption under a deal which saw them returning to the country and the PPP winning the elections riding on the sympathy wave after Bhutto's assassination. If the NRO is held invalid, this will mean revival of the court cases against Zardari, who was branded Mr. Ten per cent, the commission he used to charge for Government contracts. This could lead to a political convulsion in Pakistan. Given that Iftikhar Chaudhry is more beholden to Nawaz Sharif than Zardari because unlike Zardari, Nawaz Sharif had made the restoration of judges a condition to join the PPP-led coalition Government, it is quite possible that Nawaz Sharif would be in an advantageous position if Zardari resigns and corruption cases are reopened against him. It is worth recalling that after the restoration of Iftikhar, the Supreme Court removed the bar on Nawaz Sharif contesting elections and the hijacking case against him, filed by Pervez Musharraf, was dismissed. A nationwide movement by the lawyers and Sharif's PML [N] in March this year forced President Zardari to restore Chief Justice Chaudhry to his position.
To briefly recall the judgement on July 31, the Supreme Court declared the imposition of emergency and subsequent sacking of judges by former military ruler Pervez Musharraf on Nov 3, 2007, illegal, unconstitutional and ultraconstitutional. Musharraf had sacked over 60 judges of the superior judiciary to make sure that his re-election was not challenged. He had, however, to quit under immense national and international pressure in August 2008.
The Court has, however, left an escape route open for President Zardari. It has left it to Parliament to approve or reject all ordinances including the NRO within 20 days failing which these would lapse. Zardari's legal aides, however, say that even if Parliament does not approve the NRO, the development would have no legal or political effect on him. He enjoys immunity from being prosecuted. He was bailed out in all cases by 2004 and has also been acquitted by courts after the promulgation of the NRO. But, ultimately, it is for the Supreme Court to give a final ruling if it is challenged by a petitioner.
Musharraf 's November 2007 act of imposing emergency was unique. For the first time, a military ruler had not targeted an elected government but the coup was against the judiciary. Some 60 judges were removed because they refused to take oath under the President's Provisional Constitutional Order which he promulgated with the emergency.
While holding the emergency illegal and constitutional, the Supreme Court has left the decision to Parliament whether the former President should be prosecuted or punished on treason charges. The punishment under Article 6 of the Constitution is death.
For Musharraf, the chickens are coming home to roost. Even if Parliament decides against trying him on treason charges because of the military's sympathies for him, he is unlikely to return home. If the stay in London becomes uncomfortable, he may join his son who is working in the US. Saudi Arabia, which earlier gave shelter to Nawaz Sharif, has offered him political asylum. But, the development is end of the road for Musharraf's political ambitions. He was planning to form a political party. One suggestion was that he would split the one-time pro-Musharraf PML [Q] by winning over the influential Chowdhury brothers. The idea was that since President Zardari and other top PPP leaders will have a soft corner for him because his decisions allowed him to return home and fight and win elections, their common animosity towards the PML [N] of Nawaz Sharif, will make them allies. This could lead to a political understanding to jointly fight the next elections. If they together fought and won, they could distribute among them the top positions of the President and the Prime Minister, thus allowing Gen. Musharraf to hold the reins of power again. However, Chief Justice Iftikhar Chaudhry has poured cold water on his plan. He has avenged his own dismissal by Gen.Musharraf and closed all doors for him to return to the country. |
