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Pakistan apex court permits presidential poll, bars result

By Muhammad Najeeb, IANS

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.