Questions Over Musharraf's Eligibility Cloud Pakistan Election

Oct 05, 07:10 PM

Current Headlines: ISLAMABAD, Pakistan _ On the eve of the expected re-election of President Pervez Musharraf, Pakistan's Supreme Court ruled Friday that the official announcement of voting results will be postponed until it can rule on challenges to his eligibility to run while still chief of the army.

The decision threw Pakistan's leadership succession into question, just as Musharraf appeared to be concluding a power-sharing deal with one-time rival Benazir Bhutto that would shore up his support and allow her to return from exile. On Friday, Musharraf approved a measure granting her amnesty for pending corruption charges.

The ruling, by a high court that has shown unprecedented independence in recent decisions, raised concerns about a prolonged uncertainty both in the country's leadership and its role in the U.S.-led war on terror. Diplomats and analysts said the government's anti-terror efforts have been hobbled by Musharraf's political troubles at a time when Islamic militants are gaining strength.

Legal experts said the ruling indicates the judges are divided about whether Musharraf is eligible to run in the parliamentary vote, which they said could take place as scheduled Saturday. It was not clear whether an ultimate ruling against Musharraf would mean the second-place vote-getter becomes president or whether new elections would be held under a new parliament, which might be less friendly to the Pakistani leader.

"The court is showing its teeth a little bit," said Ayesha Tammy Haq, a lawyer and talk-show host in Pakistan. " Everything Musharraf is doing is just mired in controversy."

Although Musharraf seemed certain to win Saturday, two of his presidential opponents had tried to postpone the election by challenging his right to run while army chief. A 10-judge panel opted to allow the election but postpone announcing results until after the case is decided. The country's full Supreme Court, up to 17 justices, will begin hearing the case Oct. 17.

The court will then decide whether Musharraf can legally lead the nation under the constitution, which bars a president from being army chief unless an exception is granted.

Despite Friday's ruling, it is likely that the election results will be made known Saturday, although they will not be made official. Musharraf's current term expires Nov. 15.

Attorney General Malik Qayyum said outside the Supreme Court on Friday that the court's decision would not affect the country's overall political situation. "The presidential election will be held, votes will be counted, and the results will be compiled," he said. "What is left is only a formality, and, if God wills it, we shall overcome it."

Over the past six months, Musharraf, one of the most important U.S. allies in the war on terror, has faced down his biggest crisis since seizing power as army chief in a bloodless coup in 1999. His decision to suspend the country's chief justice in March launched a nationwide anti-Musharraf movement and energized the opposition.

The Supreme Court, long a lackey of the country's leaders, asserted its independence, opting to reinstate the chief justice in July and then ruling against the government in several other cases.

In recent weeks, Musharraf appeared to have fended off his enemies. He tried to tamp down criticism by promising to step down as army chief if elected president. Street protests were met with a show of force _ and most protests were small by Pakistani standards. The opposition was in disarray.

A Supreme Court panel last week granted Musharraf a victory by dismissing challenges to his eligibility. But the panel consisted of only nine judges, a majority of whom are thought to lean in Musharraf's favor. The ruling also was on a technicality, not the merits of the case.

The more recent challenge before the Supreme Court now was filed by two other presidential contenders, who are considered to have a better case. And the fact that the full court will hear the case could be significant, because that same group of judges ruled against Musharraf when they reinstated the country's chief justice against the president's wishes.

Lawyer Aitzaz Ahsan, who defended the chief justice against his dismissal, said the unanimous ruling Friday was a "cautious compromise" between justices who wanted to disqualify Musharraf and those who would like to walk Musharraf through the election.

As for how the judges ultimately will rule, Ahsan said he had no idea. "Ten days is too long for any prediction in Pakistan," he said. "Anything can happen."

The ruling was issued just after Musharraf had taken a key step in finalizing the power-sharing deal with Bhutto, which was intended to smooth his re-election.

On Friday, Musharraf signed a new ordinance granting amnesty to Bhutto and other politicians on pending criminal cases _ one of the sticking points of months-long negotiations between the two. Bhutto had insisted that pending charges be dropped against her and other former political leaders. She had been accused of illegally acquiring land and millions of dollars while in power.

Prime Minister Shaukat Aziz described the new ordinance it Friday as an important step in creating tolerance and harmony in national politics. But critics say the ordinance sweeps away cases that may have merit, such as those against Bhutto.

Musharraf's Western allies see a deal with Bhutto as his best hope to keep power and move Pakistan toward democracy. Musharraf is seen as a key to tackling the growing Islamic militant threat in the country's remote tribal areas.

One Western diplomat, speaking on condition of anonymity, said Friday that the country's political instability has hurt the war on terror in recent months. The official said the Americans and British have been working nonstop to encourage Pakistan to move toward democracy, which eventually required a deal.

They "need as rapid and smooth a transition as possible to get Pakistan back into the war on terror," the diplomat said. "There's not been enough attention paid. His government has been almost paralyzed. As a result, there's increasing terrorism, increasing build-up in the border areas."

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