Pakistan's Top Court Examines Amnesty Deal Covering Zardari

Pakistan's Supreme Court Chief Justice Iftikhar Chudhary on Thursday constituted a 17-judge bench to hear appeals challenging the amnesty granted to President Asif Ali Zardari and close aides under a controversial law that expired last month.

The large bench, headed by the Chief Justice, has started hearing the petitions and other cases relating to the National Reconciliation Ordinance of December 7.

National Reconciliation Ordinance

The so-called National Reconciliation Ordinance was passed in October 2007 by the then military ruler Pervez Musharraf to grant amnesty to politicians, bureaucrats and holders of public office involved in corruption and criminal cases. Musharraf wanted to give immediate legal relief to the late leader of the Pakistan People’s Party or PPP, Benazir Bhutto, by giving indemnity in all cases, registered against her by the Nawaz Sharif government in the late 1990s.

But earlier this year the Supreme Court of Pakistan criticised the impact of this ordinance. “The Supreme Court of Pakistan had passed a judgement and it said that those people who have taken benefit of the NRO after February 4, 2008, their benefit would not be valid unless and until the National Parliament of Pakistan would pass a law legislating the NRO by or before November 29, 2009,” said Barrister Faroogh Naseen, a senior Constitution Expert from Pakistan.

Two petitions have been tabled, one moved by former Pakistan People’s Party or PPP stalwart Dr. Mubashar Hassan and the other by retired bureaucrat Roedad Khan. They both emphasize that NRO violates the fundamental rights of the people, especially the equality of the citizens and is against political justice. They also say that it contravenes the United Nations Convention against corruption of which Pakistan is a signatory.

Debate over the ordinance

The controversy has sparked off debate among many legal and political analysts on the nature of the National Reconciliation Ordinance. Naseem says presently the Supreme Court of Pakistan is looking at the ordinance formally to decide whether or not it was really unconstitutional. "For this purpose today the Supreme Court of Pakistan has issued instructions to the Government to produce a list of all those beneficiaries under the NRO,” says Naseem. "It has also made a comment that it will make sure that all public wealth which was looted that would be returned.”

Zardari, who has denied a slew of corruption claims against him, enjoys general immunity from prosecution as President, but the Supreme Court could choose to challenge his eligibility for the post if the amnesty is declared illegal. Speculation over Zardari’s future escalated after he was forced to abandon an effort to get Parliament to approve the amnesty.

Pakistan's third largest political party - Muttahida Qaumi Movement or MQM opposes this ordinance. Faisal Subzwari, Deputy Parliament leader of Sindh, Pakistan and MQM leader says, "We believe in good governance and in order to have good governance you need to eliminate corruption from politics. Whatever legislation is coming up in order to legitimise corruption we can’t support that. “

Experts say that if a number of corruption cases are reopened looking into the actions of the current ministers, it could bring the government’s moral authority into question and threaten the political future of some key players in Pakistani politics.

Author: Debarati Mukherjee
Editor: Grahame Lucas