ISLAMABAD: Pakistan’s Supreme Court on Wednesday declared illegal an amnesty that had protected President Asif Ali Zardari and his allies from corruption charges, opening the door for corruption cases to be brought against them.
Although Zardari’s position gives him immunity from prosecution, the court ruling heaps pressure on his government and could set the stage for his immunity to be challenged.
Chief Justice Iftikhar Mohammad Chaudhry, who headed the 17-member bench, read out the ruling declaring the amnesty “void.�
The amnesty, known as the National Reconciliation Ordinance (NRO), was passed in October 2007 by then-President Pervez Musharraf, under international pressure to hold democratic elections. The NRO had angered ordinary Pakistanis and civil rights activists because they said it protected the wealthy elite from being punished for their alleged crimes.
The NRO quashed charges against a number of politicians including Zardari and his wife former Prime Minister Benazir Bhutto. Other beneficiaries of the NRO include Benazir’s mother Begum Nusrat Bhutto and federal ministers Rehman Malik, Ahmad Mukhtar, Nawab Yousaf Talpur, Farooq Sattar and Babar Ghauri. Beneficiaries also include top government officials and three ambassadors. The list is connected to 3,478 cases ranging from murder, embezzlement, abuse of power and write-offs of bank loans.
“The provisions of the NRO seem to be against national interests thus it violates the provisions of the constitution,� the ruling said.
Chief Justice Chaudhry directed Suleman Farooqi, principal secretary to Zardari, to submit a written reply concerning cases about Swiss bank accounts against Zardari and his slain wife Benazir and explain under whose instructions those cases were quashed. Acting Attorney General Shah Khawar told the court that the file that contained orders for the withdrawal of Swiss bank account cases was not in the custody of the government. Later, the law secretary presented the file to the court.
When the lawyers for the petitioners informed the court about Zardari’s Rockwood Villa in Surrey and cases against him in Spain, Chief Justice Chaudhry ordered National Accountability Bureau Chairman Naveed Ahsan to present files of all the cases against the accused with his signatures.
Lawyers and civil rights activists had challenged the NRO on the grounds that it encouraged corruption and allowed wrongdoers to escape justice.
Zardari’s fate will now hinge on what legal action is taken next, as court cases against his allies could implicate him and call into question his eligibility for the presidency. “Cases will be reinitiated and it is possible that some people may file petitions challenging the constitutional immunity being enjoyed by Zardari,� said Salam Raja, a senior lawyer.
Zardari spent several years in jail for corruption because of his reputation for allegedly taking kickbacks on deals.
The opposition Pakistan Muslim League-N party has recently upped calls for him to give up powers to dissolve Parliament and sack the prime minister.
Any political fracas will likely unnerve Islamabad’s Western allies, who want stability to allow Pakistan to focus on quashing extremism.