[While the
country’s maverick chief justice, Iftikhar Muhammad Chaudhry,
has won popular support for a series of hard-hitting decisions aimed at
powerful figures, worries are growing that his aggressive and sometimes nakedly
partisan pursuit of Mr. Zardari dangerously erodes the country’s fragile
democratic foundations.]
By Declan Walsh
The move was the first open entry of the military into the
deepening struggle between the judiciary and Mr. Zardari’s government this
week, beginning with the Supreme Court’s dismissal of Prime Minister Yousaf Raza Gilani on Tuesday.
In crisis meetings of Mr. Zardari’s Pakistan Peoples Party
over the past two days, Makhdoom Shahabuddin, a party stalwart and former
health minister from Punjab Province , emerged as the next nominee for prime minister. But hours
after Mr. Shahabuddin’s nomination, the military-run Anti-Narcotics Force
prompted a magistrates court to order his arrest on charges relating to the
illegal production of a controlled drug.
The court also issued an arrest warrant for Ali Musa
Gilani, a son of the departing prime minister, in the same case.
Mr. Zardari’s party seemed to respond with more resignation
than outrage, and soon two new party figures had stepped forward for the prime
minister nomination: Qamar Zaman Kaira, a former information minister, and Raja
Pervez Ashraf, a former minister for water and power. The party said it would
make its choice by midday Friday.
The surprise court maneuver highlights the growing
difficulty of separating law from politics in Pakistan ’s turbulent power equation.
While the country’s maverick chief justice, Iftikhar Muhammad Chaudhry,
has won popular support for a series of hard-hitting decisions aimed at
powerful figures, worries are growing that his aggressive and sometimes nakedly
partisan pursuit of Mr. Zardari dangerously erodes the country’s fragile
democratic foundations.
On Tuesday, the court ousted Mr. Gilani as prime minister
because he refused to reopen a long-dormant corruption investigation of Mr.
Zardari’s finances in Switzerland . Mr. Gilani argued that, as president, Mr. Zardari had
immunity from prosecution that is mandated under the Constitution.
Mr. Zardari’s supporters, and many analysts, say the court
appears bent on toppling the government, just nine months before it is due to
hold elections — a landmark that, if reached, would represent the first time a
Pakistani government had completed its five-year term.
Experts say early elections are increasingly likely,
although much depends on how far Mr. Chaudhry is willing to go against the
government.
“It feels like we’re going back to the future,” said Abbas
Nasir, a former editor of the newspaper Dawn. “O.K., the government may be
inept or corrupt. But if it’s such a disaster, let’s just wait and vote them
out.”
The Supreme Court insists it is standing its ground against
an incompetent and corruption-riddled administration, and it has enjoyed
staunch support from many lawyers and parts of the news media. That support has
been weakened, however, amid a news media scandal centered on accusations of
corruption against Mr. Chaudhry’s family.
Lurking in the background, meanwhile, is the powerful
military, which harbors a deep animosity toward Mr. Zardari, who is considered
unreliable on foreign and national security issues related to India , Afghanistan and the United States .
Although the generals had been largely quiet through the political
crisis, some have now entered the fray.
In court on Thursday, the lead investigator for the
Anti-Narcotics Force, Brig. Faheem Ahmed Khan, obtained arrest warrants for Mr.
Shahabuddin and Mr. Gilani’s son. In an earlier hearing, Brigadier Khan accused
Ali Musa Gilani of using his father’s influence to authorize the illegal
production of about 20,900 pounds of ephedrine, a controlled drug used to
manufacture methamphetamine, in 2010, when Mr. Shahabuddin was health minster.
Salman Raja, a lawyer for Ali Musa Gilani, said the
Anti-Narcotics Force had exerted considerable pressure on senior Health
Ministry officials in recent weeks to testify against Mr. Gilani. “They have
been badgering and harassing people in the Ministry of Health, begging them to name
him. It’s all very cynical and targeted,” Mr. Raja said in a telephone
interview.
“You have to place this in the later context of the army
flexing its muscles,” Mr. Raja added. “Today, all of Pakistan ’s institutions and centers of criticism — the courts,
Parliament, the media — are under a question mark. Except the army.”
PAKISTAN ’S RULING PARTY NOMINATES NEW CANDIDATEFOR PRIME MINISTER
[On Tuesday, the Supreme Court dismissed the previous prime minister, Yousaf Raza Gilani, because he refused to restart a long-dormant corruption case against his party leader, Mr. Zardari, in Switzerland . Chief Justice Iftikhar Muhammad Chaudhry said Mr. Gilani had committed contempt by refusing the court’s orders and was no longer fit for public office. Critics counter that the court was playing a dangerous game with the country’s fragile balance of power.]
By Declan Walsh
After days of negotiations and considerable intrigue, the
Pakistan Peoples Party, which leads the coalition government, announced its
support for Mr. Ashraf in a parliamentary vote due to take place on Friday
evening.
Mr. Ashraf was a contentious choice, dogged by corruption
allegations and partly blamed for the severe electricity crisis that triggered
violent riots in Punjab , the country’s most populous province, early this week. A
large faction inside the P.P.P. vocally opposed his election, party officials
said.
Nevertheless, President Asif Ali Zardari’s endorsement on
Friday appeared to ensure Mr. Ashraf would be the next prime minister –
although, given the judicial intrigues and political turbulence of the
preceding days, little could be taken for granted.
On Tuesday, the Supreme Court dismissed the previous prime
minister, Yousaf Raza Gilani,
because he refused to restart a long-dormant corruption case against his party
leader, Mr. Zardari, in Switzerland . Chief Justice Iftikhar Muhammad Chaudhry said Mr. Gilani
had committed contempt by refusing the court’s orders and was no longer fit for
public office. Critics counter that the court was playing a dangerous game with
the country’s fragile balance of power.
Then, on Thursday, a lower court blocked Mr. Zardari’s
preferred choice for prime minister, Makhdoom Shahabuddin, after the
military-controlled Anti-Narcotics Force obtained a warrant for his arrest on
drug charges.
On Friday, the Pakistan Peoples Party stressed that it was
determined not to enter into confrontation with the judiciary and was focused
on elections due to take place within the next year.
“The people of Pakistan should decide if we have made any mistake,” said Khursheed
Shah, a senior party leader, after he announced Mr. Ashraf’s candidacy outside
Parliament. “We are headed for an election year.”
But few believe a new government will last long. “It is a
matter of weeks and months,” said Talat Masood, a retired military general and
political analyst. “Things are not going to calm down between the judiciary and
the government.”
Mr. Ashraf was born in Sindh Province but is an ethnic Punjabi and represents Rawalpindi , the garrison city near Islamabad . As minister for water and power between March 2008 and
February 2011, he is accused of being responsible in large part for the
country’s electricity crisis.
As the temperatures have soared this summer, straining a
dilapidated and underfunded electricity grid, some areas have suffered up to 22
hours of outages. Earlier this week, thousands of rioters in cities across Punjab Province clashed with police and burned property.
Opposition politicians assert that Mr. Ashraf took
kickbacks for private power projects and used the proceeds to buy property in London . The National Accountability Bureau, which investigates
corruption allegations, questioned Mr. Ashraf in April.
Mr. Ashraf, who later became minister for information,
denied the charges before Parliament, describing his critics as “liars.” He
later served as minister for information technology.
As prime minister, though, his most immediate challenge
could come from the Supreme Court. The court is likely to immediately renew its
demands that the prime minister write a letter asking Swiss authorities to
reopen the corruption probe of Mr. Zardari that dates back to the 1990s. At
that time, Swiss prosecutors accused Mr. Zardari of taking bribes worth at
least $12 million while he was a minister in the government of his wife,
Benazir Bhutto.
Mr. Zardari contested the charges in a lengthy legal
process that abruptly ended in 2007 when the military ruler, Pervez Musharraf,
issued a controversial amnesty as part of a political deal with Ms. Bhutto.
The Supreme Court in 2009 overturned that amnesty, known as
the National Reconciliation Ordinance, and has since insisted that the
government ask the Swiss to reopen the cases – even though Swiss authorities
say that a prosecution at this stage is virtually impossible because the
statute of limitations has expired.
Mr. Gilani rejected judicial demands that he write to the
Swiss authorities, citing the president’s immunity from prosecution. In April,
the Supreme Court convicted him of contempt, and imposed a token sentence,
before finally ousting him this week.
The prospect of the “Swiss letter” drama, as it is known
here, rumbling on helps explain Mr. Zardari’s choice of Mr. Ashraf, who
otherwise enjoys weak support inside the ruling party. According to senior
party official, Mr. Ashraf was vigorously opposed by some colleagues during
negotiations this week.
They say that, because Mr. Ashraf’s chances of re-election
are considered weak, the ruling party may have decided that his
disqualification would represent a small political loss.
With such intense political instability, and continuing
clashes between the government and judiciary, early elections are a growing
possibility. Parliament’s term expires on March 18 and elections could
technically take place as late as next June.