Pakistan Supreme court voids amnesty shielding Zardari allies

[DarkStar]

Pakistan court voids amnesty shielding Zardari allies



President Asif Zardari won elections in 2008


Pakistan's Supreme Court has ruled that a decree protecting allies of President Asif Zardari against charges of corruption is illegal. The controversial law granting senior politicians amnesty was brought in by ex-President Pervez Musharraf.

The court's move opens the way to possible prosecution for Mr Zardari's political allies, although he is still protected by presidential immunity.

Mr Zardari faces several pending court cases against him in Pakistan.

Before taking office, he spent years in jail after being convicted on corruption charges he says were politically motivated.

Pressure
Chief Justice Iftikhar Chaudhry read out the ruling of the 17-judge bench, declaring the amnesty "void" and unconstitutional.
In its ruling, the court said the law "seems to be against national interests thus it violates the provisions of the constitution".

The law was introduced by Mr Musharraf in order to allow Mr Zardari's late wife, Benazir Bhutto, to return to the country and stand for office, with the aim of a possible power-sharing deal with Mr Musharraf.

She returned to Pakistan from abroad after the so-called National Reconciliation Ordinance (NRO) was signed into law, but was assassinated soon after.

The BBC's Aleem Maqbool, in Islamabad, says it has only recently been revealed that more than 8,000 politicians and officials benefited from the legislation.

The Supreme Court has called for all these cases to be re-opened, with hundreds of senior politicians and civilian bureaucrats now facing criminal and corruption charges.

Our correspondent says that Mr Zardari and his government will come under pressure to step down on moral grounds, though there are no signs that this is likely to happen.

Pakistan is often ranked among the most corrupt countries in the world by anti-graft campaigners.
According to a listing produced by global watchdog Transparency International, it came 40th out of 180 countries surveyed.

http://news.bbc.co.uk/2/hi/south_asia/8417170.stm

[Solid Beast]

Pakistan turmoil deepens as President Zardari faces corruption charges

Pakistan’s top court today struck down a controversial amnesty deal that has protected President Zardari and his allies from corruption charges, deepening country’s political turmoil as it battles Islamic militants.

The Supreme Court’s ruling prompted calls for Mr Zardari to step down and face criminal charges that were shelved two years ago as part of the amesty. Legal experts said the judgment could also open the way for a challenge to the legitimacy of Mr Zardari’s election.

A 17-member bench of the Supreme Court headed by the chief justices declared unconstitutional the amnesty decree, known as National Reconciliation Ordinance, which pardoned thousands of politicians and bureaucrats who faced graft and criminal cases.

“The NRO is in conflict with the constitution,” the court headed by Iftikhar Mohammed Chaudhry declared in a late night decision. The court also ordered restoration of all cases against Mr Zardari, including a money laundering case in a Swiss court.

The judgment would also affect defence and interior ministers and some key advisers of the President who also benefited from the amnesty. While Mr Zardari retains immunity of prosecution while he remains in office, many of his associates face immediate arrest after the decision.

Opposition politicians and lawyers hailed the ruling as a landmark. “It is defining moment for the judiciary,” said Hafeez Pirzada, a former law minister and a leading constitutional lawyer.

The National Reconciliation Ordinance was introduced in October 2007 by the then president General Pervez Musharraf as part of a deal brokered by the US and Britain which allowed Benazir Bhutto, the former Prime Minister, to return home from exile.

Ms Bhutto was assassinated just two months later, leaving Mr Zardari, her widower, to lead her party to victory in national elections in February 2008. He became president when General Musharraf resigned under threat of impeachment in August 2008.

The scrapping of the amnesty was greeted tonight in Mr Zardari’s home province of Sindh with protests. Sporadic bursts of gunfire were reported in Karachi. However, the President’s chief spokesman said that he would respect the court’s decision.

There is no indication that Mr Zardari, 53, will resign, but his hold on power appears to have weakened. He was already under pressure from the opposition and his Prime Minister to surrender some of his sweeping powers, including the prerogative to dismiss parliament and appoint military chiefs.

“With no moral authority, it will be difficult for the President to stay in power,” Hasan Askari Rizvi, a former professor of politics at Punjab University and a leading political commentator, predicted.

Corruption is widespread among Pakistan’s political leaders, but the alleged scale of Mr Zardari’s activities shocked even seasoned observers. The President has been accused of accumulating assets worth $1.5 billion around the world through illegal means.

A worldwide search of homes secretly bought by Mr Zardari found that he bought properties in the US, Britain, Spain, France and other countries through off-shore companies he owned and through frontmen. In 1996 he allegedly bought a $4 million, 355-acre estate south of London.

A report submitted to the court by the National Accountability Bureau, the country’s top anti-corruption body. said Mr Zardari’s wealth was “beyond his means”.

An official of the bureau informed the court that some $60 million received in illegal commissions and kickbacks for contracts awarded to foreign companies had allegedly been deposited in the Swiss bank accounts held by Mr Zardari and Ms Bhutto. The highest item was the $13 million received in commission from two Swiss companies, Cotecna and Société Générale de Surveillance, after they were awarded a contract for pre-shipment inspections of imports to Pakistan.

Mr Zardari made most of his wealth during Ms Bhutto’s two terms in office as Prime Minister in 1990s, investigators said. A Swiss court had convicted Mr Zardari and Ms Bhutto and sentenced them to six month, which was later suspended on appeal.

Mr Zardari never appeared before the Swiss court even after he was released from jail and stayed in New York on the pretext that he suffered from mental illness. He spent a total of 11 years in jail on corruption and murder charges. He was freed on bail in 2004 and was allowed to leave Pakistan.

In the largest single payment investigators had discovered, a gold bullion dealer in the Middle East was shown to have deposited at least $10 million into an account controlled by Mr Zardari after the Bhutto Government gave him a monopoly on gold imports.

[Solid Beast]

Finally...music to my ears. This son of a ***** days are numbered outside jail. Let's hope that all Dacoo political thugs of all parties join him as well, we've lost a good 100,000 people in Pakistan due to political violence, crime and corruption stemming from political groups. They are nothing more than crime syndicates and enjoy more power than the Capos of the Sicilian Mafia.

A new establishment must be erected for these challenging times.

[Lady Macbeth]

Pakistan Strikes Down Amnesty For Politicians, Deals Zardari Big Blow



ISLAMABAD — Pakistan's top court struck down an amnesty Wednesday that had protected U.S.-allied President Asif Ali Zardari from corruption charges, setting the stage for political turmoil at a time when America seeks a united front against militants along the Afghan border.

The ruling is a major blow to the desperately unpopular Zardari and could mark the beginning of his downfall, analysts said. While he enjoys immunity from prosecution as president, Zardari's opponents now plan to challenge his eligibility to hold the post.

A political crisis could complicate U.S. efforts to encourage Pakistan to step up military operations against al-Qaida-linked extremists. Effective action against those militant groups is seen by the U.S. as a linchpin of its war strategy.

A weakened Zardari would face a huge challenge in responding to U.S. pressure for a broad crackdown. Elements of the armed forces and much of the Pakistani public oppose a major offensive against Afghan militants who use Pakistan as a base. They instead blame Washington for stirring up turmoil in this country.

Minutes after the ruling, the opposition party called on Zardari to resign on moral grounds. His aides scoffed at the suggestion.

The court's decision also left thousands of others who had been shielded by the amnesty vulnerable to reopened corruption and other criminal cases. Interior Minister Rehman Malik, the country's top civilian security officer, and at least two other ministers loyal to Zardari are among those now at risk of prosecution.

The amnesty "seems to be against the national interest," and "violates various provisions of the Constitution," Chief Justice Iftikhar Mohammed Chaudhry said in announcing the decision of the 17-member bench.

The amnesty was part of a U.S.-brokered deal with former military ruler Pervez Musharraf that paved the way for former Prime Minister Benazir Bhutto to return home from self-exile and participate in politics without facing charges her party says were politically motivated. Zardari, Bhutto's husband, took control of the party after Bhutto was assassinated in 2007.

The party won parliamentary elections in February 2008, and lawmakers elected Zardari president that September.

Despite his immunity from prosecution, Zardari's opponents are now expected to challenge his qualification for the post, arguing that if it were not for the amnesty he would not have been able to run for president. Roedad Khan, a former government employee and a petitioner in the amnesty case, said he would pursue that avenue.

"This man has looted the wealth of this nation," Khan said, comparing Zardari's case to the Watergate scandal that led to the resignation of U.S. President Richard Nixon. "This is Islam-gate for Zardari," Khan declared.

Analysts and legal experts were divided over whether the push for Zardari's ouster will succeed. The process is likely to take months. Even some of Zardari's critics argue that stopping his tenure at midterm – which would likely require a nod from the powerful army – would represent a setback to Pakistan's transition to democratic rule after years of military government.

Zardari, 54, has long been haunted by corruption allegations dating back to governments led in the 1990s by his late wife. He spent several years in prison under previous administrations. There are allegations he misappropriated as much as $1.5 billion.

Zardari has routinely denied any wrongdoing, and the president's office has declared the cases "unproven politically motivated allegations."

The court on Wednesday singled out an alleged money laundering case involving Zardari and his late wife that had been heard in a Swiss court until the attorney general under Musharraf withdrew proceedings against them as a result of the amnesty. Chaudhry said this was illegal and ordered the government to ask Swiss authorities to reopen the case.

Many civil rights activists and ordinary Pakistanis have bristled over the amnesty, known as the National Reconciliation Ordinance, saying it protected the wealthy elite who govern the impoverished, corruption-plagued nation from being punished for their alleged crimes.

The court decreed that the reopened cases against all those covered by the amnesty would be monitored by special judges. The Supreme Court said it would also monitor the cases.

Pakistani political analyst Rasul Bakhsh Rais doubted that Cabinet ministers and other politicians affected by the ruling would simply step down. He noted that investigative and prosecuting entities in Pakistan are not really independent of the government – making real justice for lawmakers potentially elusive.

"They will play all these tricks and they will stay in power," Rais said, predicting many messy court battles ahead.

Pakistan's original constitution envisioned a parliamentary system in which the presidency is a ceremonial role, but the balance of power shifted under Musharraf, who took power in a 1999 military coup. Ever since Zardari took the presidency, the opposition has demanded he give up sweeping powers he inherited from Musharraf.

A few weeks ago, amid mounting pressure, Zardari relinquished command of the country's nuclear arsenal and said he would give up more powers soon. But that's a promise he's made before, including in a major speech to lawmakers just days after being sworn in.

Earlier this year, Zardari gave in to street protests and reinstated Chaudhry as the chief justice after he was fired by Musharraf. Many analysts took Zardari's reluctance to restore Chaudhry as a sign he worried the judge would try to undermine him by reviewing the amnesty.

[ferrari]

Good for Pakistan politics. It was lame to have NRO in the first place. No modern country should have such immunity given to corrupt politicians.

[Neo]

Pandora's box has been opened...lets see what happens next.

[Neo]

'Tell us if it is a question of saving Zardari': Supreme Court asks AG to clarify federation's statement

ISLAMABAD (December 16 2009): The Supreme Court on Tuesday questioned the Acting Attorney General whether the federation wanted to save the person of President Asif Ali Zardari "so that the court could address the issue directly.

"Justice Jawwad S. Khawaja observed that the judges were "groping in the dark" and feeling hazy about the meanings of some words (reference to the statement filed by the federation), "so tell us if it is a question of saving Mr Asif Ali Zardari otherwise we will continue guessing.

'If the GHQ is engaged in something then tell us and we will not allow it to happen," he added. There is a manner prescribed by the constitution under which the President can be removed, ie, through his impeachment. The court will not do anything which impinges on the Parliament's prerogatives, Justice Khawaja added. Meanwhile, Barrister Kamal Azfar, the counsel for the federation, submitted a fresh statement in which he claimed that the actual fear to democracy was from the Taliban.

This is markedly different from his Monday's statement wherein he alleged that the CIA and the GHQ wanted to destabilise the system. And this was again different from his Thursday's statement wherein he maintained that Pakistan was at a crossroads with one road leading to destabilising the system and the other to sustaining democracy.

Azfar requested the court to expunge that para from his statement, adding that he had said that the GHQ had been destabilising democracy in the past. However, he added: "I know that the present Army Chief is a gentleman". Azfar said the petitions challenging the NRO should be accepted as quickly as possible and asserted, "let the law take its course".

The trial of all pending cases (suspended due to hearing of petitions against NRO) should also be started as early as possible, he added. Earlier, appearing before the 17-memebr bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Shah Khawar had contended that the federation would not defend the National Reconciliation Ordinance (NRO). Justice Javed Iqbal asked: "Are you aware of the repercussions of not defending the NRO?"

Responding to the query, Shah Khawar said: "whatever the decision would be, we will accept it as the decision would be based on collective wisdom keeping the trichotomy of powers in mind." Chief Justice Iftikhar Muhammad Chaudhry observed that the court could have decided the matter on the first day after Khawar's refusal to defend the NOR, "but as every judgement bears a fall-out, therefore we are deliberating the issue."

The CJ added: "We are all here as an institution to guard democracy but we are sorry for yesterday's statement. We are not concerned with who is sitting in the presidency but we do respect the office of the president." His was a reference to President Asif Ali Zardari's statement on Monday wherein he expressed the hope that democracy would not fall victim to another 'judicial murder' in future.

Khawar recalled the statement of Abdul Hafeez Pirzada, counsel for Dr Mubashar Hassan, that the constitution should be upheld even if heavens fall and said "this was not the time to let the heavens fall." Justice Khalilur Rehman observed that the cases of murder, dacoity, rape and embezzlement were before the court. He asked whether Khawar wanted to tell the court that by bringing an end to corruption heavens would fall.

"An end to corruption has never resulted in the destabilisation of a system; if you have any apprehensions, then tell us, we are also part of this country and can pass a restraining order," Justice Ramday added. Khawar said the federation was facing no threat. He requested the court to expunge the part of the federation's petition that deals with its apprehensions.

He further said that during the course of proceedings the petitioners had levelled many allegations against the PPP leadership. According to him, there has never been any transparent manner for curbing corruption in the history of the country. "Judiciary is not responsible for legislation," observed the bench.

"You are in power, have the majority then what is the problem with legislation. We had given you a blank cheque [July 31 decision asking the Parliament to decide 37 ordinances including the NRO] but even then the Parliament did not protect the NRO," observed Justice Ramday.

The Chief Justice observed that the court had nothing to do with the acquittal of persons, but was concerned about the national wealth. "If I am at fault, I should leave the office instead of a state apology being tendered on my behalf," observed the Chief Justice while referring to the state's apology to the Swiss authorities while withdrawing its money-laundering case.

On Monday, National Accountability Bureau had submitted a report regarding the withdrawal of Swiss money-laundering case which reads: "The Republic of Pakistan further confirms having withdrawn itself as a damaged party and apologised for the inconvenience caused to the Swiss authorities".

The Chairman NAB, Naveed Ahsan, submitted to the court a fresh report regarding the Swiss cases and their withdrawal. According to the report, the total amount frozen in Swiss accounts was $60 million. However, the Bureau had no details about the alleged $1.5 billion assets of President Zardari, he added. He said the Attorney General (AG) had sent a letter to the Swiss AG, making a request for the withdrawal of the case and the copy of that letter was not even marked to the NAB.

Answering a question by the court about the reasons for not taking into confidence the NAB chairman when the case was being withdrawn Ahsan said that Mutual Legal Assistance (MLA) was initiated by the government through its AG, therefore the withdrawal was also moved through the AG office. The court then asked the former AG Malik Qayyum to apprise the court regarding the issue.

Qayyum said that on February 15, 2008 Zardari had filed a petition before the Sindh High Court seeking relief under the NRO and the court had accepted his plea. The former AG said he had written a letter to the Swiss authorities for the withdrawal of cases under the instructions of then President Pervez Musharraf. In addition, in May 2008, another letter was sent after consultation with the Law Ministry.

"However I was not in picture at that time," he added. Farooq Naeek was the Law Minister at that time. The court directed Shah Khawar to inform the court about those under whose instructions May 22, 2008 letter was drafted and subsequently sent to Swiss authorities. Upon court's query, provincial Advocates General informed the court that none of them would defend the NRO.

The representatives of Punjab, Balochistan and NWFP said that not a single person had been given relief under the NRO. Meanwhile, Advocate Ashtar Ausaf Ali, counsel for the PML-N president adopted the arguments submitted by Advocates Abdul Hafeez Pirzada and Salman Raja. The court adjourned the hearing for today (Wednesday).

[Neo]

Pakistan declares amnesty law unconstitutional

The high court rules against a 2007 ordinance that had protected President Asif Ali Zardari from corruption charges. Other government officials also benefited.

By Alex Rodriguez
L.A. Times
December 16, 2009

Reporting from Islamabad, Pakistan - Pakistan's Supreme Court on Wednesday struck down an amnesty that had shielded President Asif Ali Zardari from graft charges, a decision that could imperil the political future of a leader regarded by the U.S. as a key ally in the war on terror.

Though not unexpected, the ruling deals Pakistan's 54-year-old president a serious blow at a time when his popularity with Pakistanis continues to sink and calls for his resignation mount.

The decision also is likely to draw concern in Washington, where Zardari is seen as a reliable partner in the fight against Islamic extremists. The Obama administration needs Zardari to help stem skepticism in Pakistan about the U.S. president's new war strategy in Afghanistan, which sets a deadline of July 2011 for the start of a withdrawal of troops from Pakistan's war-wracked neighbor.

Pakistanis worry that the U.S. will leave Afghanistan before that country has been stabilized, and believe that the 30,000 new troops Obama will send to Afghanistan will force Taliban fighters over the border into Pakistan, whose own troops are struggling against militants in the country's tribal areas.

The amnesty law was issued by former president Gen. Pervez Musharraf in 2007. Known as the National Reconciliation Ordinance, it was meant to allow Zardari's wife, former Prime Minister Benazir Bhutto, to return from exile without facing the prospect of politically motivated corruption charges. When Bhutto was assassinated in December 2007, Zardari took over as her party's chief and later was elected president by national and provincial lawmakers.

The issuance of the amnesty nullified several corruption cases Zardari had faced, including a charge that he misappropriated $1.5 billion. In all, at least 8,000 people benefited from the amnesty, including scores of government officials and bureaucrats.

In declaring the amnesty unconstitutional, the high court ordered the government to reopen the criminal cases of all who have benefited from the amnesty. That list includes Zardari as well as Interior Minister Rehman Malik and Defense Minister Ahmed Mukhtar.

The ruling specifically cited allegations of money laundering in Switzerland that involved Zardari and Bhutto. Once the amnesty was in force, Musharraf's attorney general dropped the case in Swiss courts. As part of Wednesday's ruling, the Pakistani government must resume pursuing that case.

The ruling was announced to a packed courtroom by Chief Justice Iftikhar Mohammed Chaudhry, the popular jurist that Zardari initially balked at reinstating after Musharraf had ousted Chaudhry and other high court judges. Zardari reinstated the chief justice in March only after a grass-roots movement of lawyers began street protests in the cities of Lahore and Islamabad.

Moments after the ruling, jubilant lawyers gathered on the steps of the courthouse, chanting, "We will sacrifice everything for Chief Justice Chaudhry!"

"The impact of this judgment will be huge," said Abdul Hafeez Pirzada, a lawyer for one of the petitioners challenging the amnesty. "Many people will have to go. Those who have already been convicted are finished."

Just how vulnerable Zardari is to prosecution remains unclear. His spokesman, Farhatullah Babar, stressed Wednesday that, as president, Zardari enjoys constitutional immunity from prosecution.

Zardari's opponents, however, argue that he should never have been able to run as president because of a previous conviction. Pakistani law bars those with a conviction on their record from running for president.

"Had the case not been terminated by the amnesty, the president wouldn't have been elected as president," said Ikram Chaudhry, another lawyer who argued against the amnesty before the Supreme Court.

Babar said that conviction doesn't apply because a higher court later overturned it.

"I don't think there is any effect on the president," said Babar, referring to the Supreme Court's ruling. "Under the constitution, no proceedings can be initiated or continued on a sitting president or governor."

Facing pressure from the country's military, opposition parties and a segment of the Pakistani media, Zardari has already agreed to give up several key presidential powers.

He has relinquished authority over the country's nuclear arsenal to Prime Minister Yusaf Raza Gilani. He also has said that later this month he plans to give up the power to dissolve parliament, dismiss the prime minister and appoint military chiefs.

[thakur_ritesh]

well well its some good news at last from pakistan after a pretty long time, other than of course the t20 world cup news.

way to go and way to do it. empower a system which has checks and counterchecks in place, which can’t outsmart a country and its populace and a system that can’t be outsmarted. at least in my life time, i am seeing this happen for the first time in pakistan and the bottom line is, this is only possible in a democracy!

hope when the same heat turns on some corrupt generals/admirals/marshals, the same judiciary and judges are not termed as anti national and biased by certain vested interests, who have a good grip on the media of pakistan.

also the question to be asked here is, will the pakistan SC court bite that bullet?

way to go and all the best!