Pakistan Court Clears Way for Musharraf

By SADAQAT JAN

ISLAMABAD, Pakistan – A Supreme Court stacked with judges loyal to President Gen. Pervez Musharraf cleared the way for him to rule as a civilian president, ruling Thursday against a final challenge blocking ratification of his election last month.

The decision, which was widely expected, means that Pakistan’s Election Commission can put a stamp of approval on the vote. Musharraf has said he would then step down as army chief and take the oath as president.

Musharraf has said that once he got a court decision in his favor, he would quickly step down as army chief and take the oath as president. Pakistan’s attorney general said Wednesday that such a move could come as early as Saturday.

The case before the court on Thursday centered on a claim by a would-be rival candidate, Zahoor Mehdi, who was blocked by the Election Commission from competing in the vote. He argued the decision was wrong, but the court said his nomination papers were not valid. Five other cases challenging the election were either thrown out or withdrawn on Monday.

It is still not clear whether Musharraf will lift the state of emergency, despite international pressure, including from the United States, his key backer. The Supreme Court on Thursday also was considering challenges to emergency rule, and a decision was expected by Friday.

Late Wednesday, Musharraf decreed new amendments to the constitution using powers he said he has under the emergency. One of the amendments states that his decisions cannot be challenged by any court and will be considered "always to have been validly made."

Also Wednesday, the government freed more jailed political activists, including two of Musharraf’s key opponents.

Law Minister Afzal Hayder announced on state television that the government had released 5,634 lawyers and political party members. He said 623 people remained in custody, but that they would be let go soon.

Those freed included Imran Khan, a former cricket star who has become a firebrand in the opposition to Musharraf’s rule. Khan said he would continue a hunger strike begun in custody and boycott the election in hopes of forcing Musharraf to give up all power.

"Musharraf is staging a drama to deceive America and the West whom he scared (by saying) that without him the nuclear bomb will get into extremist hands," Khan told reporters.

Some people have voiced concerns that the crisis could undermine the security of Pakistan’s nuclear arsenal, but the top U.S. military officer said this week that there were no signs of that.

Also freed was Javed Hashmi, acting president of the party of former Prime Minister Nawaz Sharif, Musharraf’s most dogged foe. In a phone interview with The Associated Press, Hashmi called for opposition parties to boycott the Jan. 8 parliamentary elections to avoid giving credibility to Musharraf.

The government also claims to have freed former Supreme Court justice Iftikhar Mohammed Chaudhry, his family and five other judges purged from the high court when Musharraf suspended the constitution. But those judges have not been seen in public, and their supporters claim they remain under house arrest.

On Thursday, New York-based Human Rights Watch blasted the continued detentions and demanded the judges be released.

"Musharraf should end his ugly vendetta against the judges and free Chaudhry, his family and the other judges immediately," said Brad Adams, Asia director at Human Rights Watch.

Attorney General Malik Mohammed Qayyum told the AP on Wednesday that Musharraf would quickly fulfill his promise to quit his army post and be sworn in for a new five-year presidential term as a civilian.

"It may happen on Saturday … I know the president, and he will honor his commitment," Qayyum said.

Opposition spokesman Farhatullah Babar said it was too soon for the party to express any opinion on the possibility Musharraf might give up his powerful post as chief of the army.

Washington has been hoping for a rapprochement between Bhutto and Musharraf, whom U.S. officials call a key ally in confronting the Taliban and al-Qaida.

Both Bhutto and Musharraf are calling for moderate political forces to reconcile and revitalize Pakistan’s campaign against Islamic militants who have gained strength in the restive tribal region along the border with Afghanistan.

Bhutto, however, has talked recently of joining forces with Sharif to drive Musharraf from power if emergency rule is not swiftly ended.

But Sharif said that he had failed to persuade her in a telephone conversation Wednesday to join him in the drastic step of boycotting the election.

Musharraf justified emergency rule by citing the escalating danger posed by Islamic extremists. On Wednesday, the army reported killing some 65 militants in a northern valley, bringing to more than 200 the number of fighters slain there in a week. The militants, who allegedly include foreign fighters arriving from Afghanistan, dispute the figures.

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Associated Press writers Zarar Khan and Paul Haven in Islamabad contributed to this report.