End of amnesty for Pakistani politicians accused of crime may precipitate constitutional crisis

by: Salaam

Sun Nov 15, 2009 at 21:32:33 PM EST

The trigger for the crisis is the expiration of a legal amnesty for politicians at the end of this month, which will leave key officials, including the interior minister, open to prosecution and could even jeopardize the position of Asif Ali Zardari, the pro-Western Pakistani president.

The political opposition and the military appear to be using the crisis to force the unpopular Zardari to give up most of his powers or be ousted. Soon ministers of the government could find themselves hauled before the courts over long-standing criminal charges, ranging from murder to corruption, or they could rush to seek pre-arrest bail, legal experts said.

This "would make our democracy look like a thieves' bazaar," newspaper columnist Shafqat Mahmood wrote Friday in The News, a Pakistani daily.

The amnesty, known as the National Reconciliation Ordinance, was approved by a previous government under U.S. pressure in 2007. Unless it is ratified by parliament, which now seems unlikely, the amnesty expires Nov. 28, according to a ruling by the country's powerful chief justice, Iftikhar Chaudhry.

Zardari, his interior minister, Rehman Malik, and Zardari's top aide, Salman Farooqui, all of whom had previously left the country to avoid answering criminal charges, are among the beneficiaries of the amnesty.

To placate his critics, Zardari may be forced, through a constitutional amendment, to cede most of his powers to Pakistan's prime minister, a less controversial but weak figure. The end of the amnesty is likely, however, to lead to court challenges to his legal right to remain in office.

Story here.