Bhutto amnesty faces Pakistan court setback

[Awesome]

AFP: Bhutto amnesty faces Pakistan court setback

ISLAMABAD (AFP) — Pakistan's Supreme Court said Friday it will decide whether a government amnesty for former premier Benazir Bhutto is legal, setting up a fresh showdown with President Pervez Musharraf.

The move means Bhutto, who party aides insist will return to Pakistan on October 18, 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 Muhammad Chaudhry, in March, and the court will next week hear appeals against the military ruler's win in a presidential vote.

Chaudhry on Friday 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-Bhutto power-sharing deal.

Those receiving an amnesty will "not be entitled to claim any protection (from prosecution) if this court concludes that the ordinance and its provisions are beyond the constitution," he said, and set the next hearing for three weeks' time.

A Bhutto aide said Friday that the former premier's return will go ahead next week and she will fly directly from Dubai instead of going back to London first and then returning to Pakistan via the UAE.

"The Supreme Court's decision will not affect Mrs Bhutto's plan to return to Pakistan on October 18," Mohammad Akram Farooqui, president of her Pakistan People's Party in the United Arab Emirates, told AFP.

The amnesty accord was one of Bhutto'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 Bhutto refer to 1.5 billion dollars which she and her husband allegedly siphoned off during her two terms in power between 1988-1990 and 1993-1996.

This week, she rejected a call by Musharraf to delay her return until Musharraf's election win had been confirmed.

Other PPP officials also insisted her travel plans would not be affected.

"Benazir Bhutto will come back to Pakistan on October 18. She will not change her programme 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 Bhutto.

"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 on Friday 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 Bhutto, 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.

"This is a very important case and we have to hear it."

Musharraf suspended the independent-minded Chaudhry on misconduct charges in March, in an apparent attempt to remove legal hurdles to his contested re-election, but faced mass protests against the decision.

The Supreme Court reinstated Chaudhry in a landmark judgement in July.

 

[AgNoStiC MuSliM]

Hmmm...

If this is struck down, then the government could obviously pursue the cases against her half heartedly, or put them into cold storage, but what of the swiss case that she is appealing?

If she loses that, do we see another amendment that links disqualification to convictions within the Pakistani judicial system alone? Or is that the case already?

Or will the much touted "independent judiciary" dig the grave of BB's political career?

When will the remaining PPP leadership wakeup!

 

[solid snake]

A criminal of her stature should not be pardoned so easily.

 

[Awesome]

What if the government never intended to pardon her?

They do everything in their power to save her knowing full well that the judiciary would strike it down. Remember the hasba bill was taken out by the Supreme Court despite it having the necessary majority in the assembly.

 

[Awesome]

Daily Times - Leading News Resource of Pakistan

SC steps in way of NRO

* Larger bench to hear challenge
* Court makes relief under NRO subject to its verdict

By Irfan Ghauri

ISLAMABAD: The Supreme Court (SC) on Friday declined to stay the National Reconciliation Ordinance (NRO) 2007, but held that any benefit drawn by any public office-holder under the ordinance would be subject to the final decision of the court.

A three-member bench headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry that initiated hearing of petitions challenging the ordinance also appointed Mian Allah Nawaz, former chief justice of Lahore High Court, Shaiq Usmani, former judge of Sindh High Court and Sardar Khan, former attorney general for Pakistan, as amicus curiae (friends of the court) to assist in interpreting the constitutional provisions. The CJP also decided to constitute a larger bench to hear the case when it would resume hearing the petitions after three weeks on October 17.

After hearing arguments from the petitioners’ counsel about the question of maintainability, the court passed a short order in which it declined to stay the ordinance. “The learned counsel in civil petitions number 76, 77 and 78 prayed for suspension of Sections 6 and 7 of the NRO 2007, as according to their apprehensions both these sections contain self-executory powers, therefore, if allowed to continue, the object of the filing of the petitions will be frustrated. It has been pointed out that ordinary provisions of the law cannot the suspended (by courts) but an order, action or judgment (can be suspended),” said the short order.

Benefits determined by petitions: The fate of all the cases that have been indemnified through NRO now hangs in the balance, as the court observed that “We are inclined to observe in unambiguous terms that any benefit intended to be drawn by any public office-holder shall be subject to the decision of listed petitions.”

The short order further said, “The beneficiaries will not be entitled to claim any protection of a concluded action under Sections 6 and 7 of the ordinance or any other law if this court concludes that the impugned ordinance, especially Sections 6 and 7, are ultra vires.”

The court also issued notices to Attorney General of Pakistan Malik Qayyum and all the respondents.

Salman Raja, counsel for Dr Mubashir Hassan, said the impugned act did not remove criminality, as it had not said that corruption was not a crime anymore, but it intruded into the judicial power of the state and fell foul of Article 175 of the Constitution, which ensures judicial independence.

He said legislative judgments could not be enacted by parliament and citied a 1975 case of the Indian SC in which a constitutional amendment was struck down that attempted to accommodate Indira Gandhi, the former premier, who had been declared ineligible by the election commission to contest elections.

Raja submitted that the president had no powers to indemnify those whose cases were pending with the courts. He contended that under Article 45 of the Constitution, the president could pardon only those who had already been convicted.

Ikram Chaudhry, counsel for Roidad Khan, and Dr Farooq Hassan, counsel for Jamaat-e-Islami, said the ordinance was person, purpose and period-specific and violated not only the law and the Constitution but also contravened the UN Convention against Corruption 2005 ratified by Pakistan on August 31, 2007.

Meanwhile, Senator Babar Awan, Benazirs’s lawyer, said she would return home on October 18 as planned, reported AP. He said cases against Bhutto — originating from her two spells in power between 1988 and 1996 — had been withdrawn “the moment President Musharraf signed and issued” the ordinance.

 

[fatman17]

i am not a lawyer but the key here is that the apex court did not stay the order!! so bhutto or anyone can return w/out being arrested but any benefit of the NRO will be examined by the court at its pleasure. read between the lines folks!!

 

[Awesome]

There are too many lines. Please articulate your speculation.