NYT : Ruling to Delay Word on Pakistan Vote Tally

Ruling to Delay Word on Pakistan Vote Tally

By CARLOTTA GALL and SALMAN MASOOD | October 6, 2007

ISLAMABAD, Pakistan, Oct. 5 — The Supreme Court threw Gen. Pervez Musharraf’s bid for re-election as president into doubt once more on Friday, when it ruled that the election could take place, but that the results could not be announced until the court had decided on his eligibility.

After fighting off several earlier legal challenges, maneuvering around allies and enemies and even agreeing to give up his post as army chief eventually, General Musharraf had seemed just a day away from securing his ambition of a new presidential term.

But the surprise ruling thrust the Supreme Court back into a pivotal position to determine his fate, giving it several more weeks to hear challenges from two other presidential candidates who had questioned the legality of General Musharraf’s running for election while still serving as army chief.

The votes will be cast Saturday by members of the national and provincial assemblies. Given General Musharraf’s influence, the balloting is widely expected to go his way. The Supreme Court, however, will have the final say on whether it is valid.

Supporters and opponents of General Musharraf welcomed elements of the ruling, but it clearly encouraged his opponents on the eve of the vote, especially as his re-election had seemed assured. Late last month, in fact, the Supreme Court issued rulings in two other cases that seemed to clear the way for General Musharraf to run for re-election while still in uniform.

Opposition to the president, who seized power in a military coup in 1999, has risen sharply in recent months, and he now finds himself in a serious political and legal crisis. Lawyers have rallied against his military rule, while more than 80 legislators have resigned from the National Assembly to protest his candidacy, with almost as many others resigning from provincial assemblies.

In the face of the outcry, General Musharraf has told the Supreme Court that he would resign his military post if re-elected for another term as president, but not before.

If the court does rule against General Musharraf’s candidacy, it remains an open question whether he will obey it. Though he says he will abide by the Constitution, some critics say the Supreme Court will almost certainly weigh the dangers of pushing him toward a declaration of martial law.

Tariq Azim Khan, the minister of state for information, welcomed the part of the ruling that allowed the voting to take place as a sign that the court accepted the basic legality of the election. Its status has been a major source of contention because the assemblies will soon disband, and a new crop of legislators will be voted in by Jan. 15, prompting General Musharraf’s opponents to argue that any vote for president should wait until then.

A prominent lawyer who argues before the Supreme Court, Latif Khosa, praised the court’s decision on Friday as proof that the petitions filed against General Musharraf merited serious examination, in particular whether a military officer can run for elected office.

One of the presidential candidates, Wajihuddin Ahmed, himself a former Supreme Court judge, was more cautious. “This is a sort of middle course they have adopted,” he told the Dawn news channel.

The Supreme Court is to resume hearing the petitions against the president’s eligibility beginning on Oct. 17. But its ruling did not derail an agreement Mr. Musharraf had reached with an opposition leader and former prime minister, Benazir Bhutto. As part of the agreement, which the government formally approved and published in an ordinance on Friday, Ms. Bhutto said her party would not resign from Parliament ahead of the vote. Beyond that, she and all political workers charged with corruption during previous governments would be granted amnesty.

Ms. Bhutto has said she is opposed to General Musharraf’s being a candidate while he is in uniform, and her party members were expected to abstain or vote for their own candidate, Makhdoom Amin Fahim.

A coalition of opposition parties is likely to mount protests against General Musharraf’s election, but without Ms. Bhutto’s party, the largest opposition party, the resistance on the streets is expected to be muted. There have been no large demonstrations against General Musharraf’s re-election, a sign that ordinary people are not very concerned about the power struggle.

In a television interview on Thursday, General Musharraf gave more details about his plans, saying he would resign the military post by Nov. 15, when his current presidential term expires.

Attorney General Malik Muhammad Qayyum, who had been demanding that the court not delay the voting, said the ruling was good for the government. “We are very happy with this decision,” he said outside the court. The “election will be held, polling will take place and results will be compiled. Only a formal, official notification will not be issued.”

Mr. Qayyum said the decision meant that General Musharraf would not be able to take the oath for another term until a final verdict was issued, but he suggested that this delay would make little difference. “President Musharraf can hold the office until Nov. 15, and the decision of these petitions will be announced before that date,” he said.