From Jeremy Page and Zahid Hussain in Islamabad
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One of the last obstacles to President Musharraf’s plans to win another five years in power has been removed, with a ruling from the the Supreme Court in Pakistan that a presidential election can proceed tomorrow.
However, the court ordered today that the results could not be announced officially until after it hears the two other candidates’ petitions against General Musharraf’s eligibility to run while still head of the army.
General Musharraf, who seized power in a coup in 1999, wants to be re-elected in uniform but has faced a wave of protests and legal challenges since a botched attempt to dismiss the Chief Justice in March.
An upsurge in attacks by Taleban and al-Qaeda militants has also raised doubts among Western officials about his reliability as an ally in the War on Terror.
The court’s surprise ruling appears to be a compromise, allowing him to go ahead with an election he is sure to win, but granting his opponents a fair hearing before his victory can be validated.
On paper, it leaves a sword hanging over General Musharraf, as he could — in theory — be disqualified if the court rules against him after it resumes hearing the petitions on October 17.
In effect, though, it clears the way for his re-election, since unofficial results will be apparent tomorrow evening and one of the two other candidates is expected to withdraw his petition.
Today’s ruling came a day after General Musharraf finalised a power-sharing deal with Benazir Bhutto, an exiled former prime minister who plans to return to Pakistan on October 18.
“The bench has unanimously resolved and directed that the election process should proceed as per the schedule announced by the chief election commissioner,” said Javed Iqbal, the chief judge on the ten-member bench. “But final notification of the returning candidate will not be issued until the decision of this petition, for which the process is to begin from October 17.”
The Government that said it would “honour the decision and will implement it in letter and spirit”.
The Deputy Information Minister, Tariq Azim, added that he was confident that General Musharraf would win tomorrow’s election by the national and provincial assemblies. His supporters have majorities in the electoral college — even after dozens of opposition MPs resigned this week to try to deny the election any legitimacy.
Ms Bhutto’s Pakistan People’s Party (PPP), the largest opposition party, is not expected to join the walkout from Parliament now the power-sharing agreement has been finalised.
The deal has yet to be announced formally, but the Cabinet today approved a “national reconciliation ordinance” dropping corruption charges against Ms Bhutto.
Makhdoom Amin Fahim, the PPP vice-chairman and presidential candidate, is expected to withdraw his petition against General Musharraf’s eligibility as part of the deal.
That would leave only the petition from the other candidate, Wajihuddin Ahmad, a former Supreme Court judge who refused to swear allegiance after Musharraf's 1999 coup.
Hamid Khan, a lawyer for Mr Ahmed, said he was hopeful that the Supreme Court would still uphold his petition. “We have achieved 60 per cent victory,” he said. “The court's order has stopped the declaration of the election results of a usurper."
Lawyers and analysts say it will be hard for the court to rule against General Musharraf, however, once he is re-elected with a commitment to step down as army chief and a power-sharing deal with Ms Bhutto in place.
General Musharraf has promised that if he is re-elected he will shed his uniform before November 15, and this week appointed a trusted ally as his successor as head of the army.
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