NYT : Pakistan Court Clears Musharraf’s Path to Election Day

Pakistan Court Clears Musharraf’s Path to Election Day

By CARLOTTA GALL and SALMAN MASOOD | September 29, 2007

ISLAMABAD, Pakistan, Sept. 28 — The Supreme Court cleared the way Friday for Pakistan’s president, Gen. Pervez Musharraf, to run for re-election while still in uniform. The ruling removes the last major obstacle for the president before the Oct. 6 vote, which he is expected to win.

The decision is a clear victory for the embattled General Musharraf and a stinging blow to the lawyers’ movement and political parties that have opposed his continued rule.

They had brought two challenges to General Musharraf’s eligibility, on the grounds that it was unconstitutional for him to be both president and army chief, and for him to run for election while still in uniform.

But the bench of nine judges dismissed the two cases by a vote of 6 to 3 on a technicality. The cases were “not maintainable,” said the senior presiding judge, Justice Rana Baghwandas, citing an article of the Constitution that specified cases that should be heard by the provincial high court rather than by the Supreme Court.

The terse ruling was met by an audible gasp, and then shouts of “Shame! Shame!” from lawyers, politicians and others gathered in the high-ceilinged chamber, as the judges filed out.

“It is despicable,” said Roedad Khan, a retired senior civil servant and former federal secretary, who attended all 10 days of hearings. “We reject it. They are lackeys of General Musharraf,” he said angrily.

The Supreme Court had shown a newfound independence after its chief justice, Iftikhar Muhammad Chaudhry, fended off an attempt by General Musharraf to dismiss him earlier this year.

But Chief Justice Chaudhry did not preside over the two cases decided Friday, removing himself in order to ensure the impartiality of the court, and, according to opposition lawyers, to avoid another direct confrontation with General Musharraf.

Lawyers and politicians say that despite the change of mood in the country and in the judiciary after the chief justice was reinstated in July, most of the 13 Supreme Court judges, who were all appointed during General Musharraf’s tenure, are still pro-government.

While they were prepared to make a stand in the case of the chief justice, since it touched on the judiciary’s own self-preservation, they were not ready to derail the entire system by challenging a military chief who could then invoke martial law.

In the end, the nine judges proved conservative when faced with the two cases, which presented strong challenges to the military establishment as well as to the country’s political stability.

“This is a dubious decision where important issues are taken on technical grounds,” said Hamid Khan, one of the lawyers arguing the case against General Musharraf. “They have abrogated their duty to decide on the future of the nation. Jurisdiction of such matters is their duty, and they are deciding on mere technicalities,” he said as he walked from the court.

The ruling was welcomed by the government. “Justice has triumphed,” a presidential spokesman, Rashid Qureshi, said. “The opposition has suffered a huge setback.”

The opponents were behaving like sore losers, he said, championing the independence of the judiciary one moment, but when the ruling went against them, accusing the court of serious wrongdoing. He added that he had no doubts that the general’s bid for another five-year term would be successful.

The attorney general, Malik Muhammad Qayyum, who argued the case on behalf of General Musharraf, said the ruling had cleared the way for the president’s re-election. “Absolutely, there is no hurdle for it,” he told The Associated Press.

In the courtroom, the reaction to the verdict left the government team nervous, as angry opposition lawyers chanted slogans against Mr. Qayyum and Syed Sharifuddin Pirzada, the counsel to the president.

Mr. Pirzada remained slouched in his chair until the courtroom emptied. An aide to Mr. Qayyum turned down the suggestion of one court official to use the main exit. “No, the lawyers are really aggressive,” the aide said.

After some minutes of consultations, the government lawyers decided to go to the basement that opens into the parking lot behind the court building. Court officials opened a side door, which is normally closed, and the officials rushed out. “Come on sir, don’t worry. It is all right,” Mr. Qayyum urged a reluctant Mr. Pirzada.

Outside on the steps of the court, the lawyers and opposition politicians vowed to keep fighting.

“You can take a poll among the people of Pakistan, anywhere in the country, and you will see they do not support this,” said Muneer Malik, one of the leaders of the lawyers’ campaign against military rule.

The lawyers had expected the verdict and were prepared for their next challenge, he said. They will file objections to General Musharraf’s candidacy in the Election Commission on Saturday, and return to the Supreme Court next week with a petition from their own presidential candidate, he said.

Friday’s ruling “brings into question the idea that the judiciary had become independent,” Ali Dayan Hasan, from Human Rights Watch, said outside the court.

“This verdict will not bring political stability to Pakistan,” Mr. Hasan said. “It will not resolve General Musharraf’s crisis of legitimacy.”