October 5, 2007
Pakistan Supreme Court Permits
Presidential Poll By Muhammad Najeeb
Islamabad
The Supreme Court of Pakistan Friday gave its go-ahead for
Saturday's presidential election, but asked the Election Commission
not to issue notification on the result until it decided on
petitions challenging incumbent military ruler Pervez Musharraf's
candidature.
"The bench has unanimously resolved and directed that the election
process should proceed as per the schedule announced by the chief
election commissioner," Jutsice Javed Iqbal, who headed the
10-member bench, said Friday.
"The final notification (of the winner) will not be issued until the
decision of this petition, for which the process is to begin from
Oct 17," Justice Iqbal added.
Musharraf's two rivals - Makhdoom Amin Fahim of the Pakistan Peoples
Party (PPP) and independent candidate Wajihuddin Ahmed, a former
judge supported by the lawyers' community and some opposition
members - have challenged Musharraf's candidature.
"It is unanimously decided that the election process that has
already commenced shall continue," Justice Iqbal stated, even as he
scheduled the next court hearing for Oct 17.
Both sides - the government and the opposition - claimed victory
after the short order of the apex court.
"We'll have to wait for the final decision," opposition lawyer Tariq
Mahmood told reporters, adding that he hoped the court will decide
against Musharraf running for a second five-year term.
Musharraf, who has promised to doff his army chief's uniform before
taking oath as president, has expressed confidence in the court
decision, Attorney General Malik Abdul Qayyum told reporters.
According to him, the election commission could unofficially
announce the result but could not issue an official notification.
Opposition lawyer Mahmood interpreted the order differently, saying
the polling will take place but the Election Commission can neither
count the votes cast nor announce any "official or unofficial
result".
Independent observers said the court had kept all its cards in its
hand.
"The Supreme Court has now become powerful and has attained the role
of final decision body in all matters, be it relating to missing
persons, terrorism or politics," former apex court judge Nasir Aslam
Zahid said in a TV programme.
According to Zahid, the court was keeping the possibility of
disqualification hanging over Musharraf's head.
Appreciating the interim short order, he said a decision to postpone
the election would have plunged the country deeper into uncertainty
and would have raised fresh questions about the future of Musharraf,
who has announced he would quit as army chief by November 15.
The court order came even as the Pakistani government was finalizing
a National Reconciliation Ordinance to drop corruption charges
against PPP leader and former prime minister Benzair Bhutto and
enable her enter a power-sharing agreement with Musharraf after the
presidential election.
There are indications this ordinance will be issued only after the
Supreme Court delivers its final verdict on whether Musharraf's
candidature for the presidential poll was valid.
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