Benazir May Re-emerge on Pakistan’s Political Scene
 
By Khalid Latif
 

ISLAMABAD -- Pakistan’s Supreme Court decision of setting aside the conviction of Ms Benazir Bhutto and her spouse has created a situation that may allow the self-exiled leader to come back home and even try to become country’s prime minister for the third time with General Musharraf as president. Political activities, that had been subdued after the exit of Nawaz Sharif from Pakistan’s political scene in December last year as a result of his secret deal with the military government, have resumed signaling a beginning of Pakistan’s eventual return to civilian rule.

Military ruler Gen. Pervez Musharraf indicated last week that he could be the next president of Pakistan with powers of dismissing the parliament and as well as the government “if the running of the government, in accordance with the provisions of the constitution was not possible.” In an exclusive interview with the Herald, a leading Magazine of Pakistan, Gen. Musharraf said: “Yes we [army] are considering many options to maintain continuity and becoming the President is one of those options.” Gen. Musharraf also made it clear that he would not be retiring by the end of this year and would extend his tenure as Chief of Army Staff.

Ms Benazir Bhutto is not averse to power sharing with Pakistan’s Chief Executive Gen. Pervez Musharraf. Commenting on a possible political structure, that would ensure power sharing, she said she “would not be unhappy with such a proposal if it were made.” “If such a proposal were to come about, the ARD (Alliance for the Restoration of Democracy of which her party is a key component) would consider it,” she said. “If such a proposal is made, we would give a thought to it,” she said, adding that Musharraf would have to first make such a proposal but no such proposal had been made so far.

The Supreme Court, which heard the appeals of Ms Bhutto and Asif Zardari, for 21 consecutive days, accepted the appeals and declared that the conviction handed down on April 15,1999, had been set aside. The court, however, declined to acquit honorably as was requested by the appellants. During the trial it was pointed out to the Supreme Court that the former royal couple had not been given fair trial and the government of Mian Nawaz Sharif pressurized the judges for giving a judgment, which suited them politically.The Supreme Court in its short ruling on April 6, said: "Reason to be recorded later in the detailed judgment, we accept the appeals, set aside the impugned judgment, recording conviction against and awarding sentences to the appellants and send the case to a court of competent jurisdiction for retrial."

An Ehtesab [Accountability] Bench (EB) headed by a controversial judge Malik Qayyum had convicted Ms Bhutto and Asif Zardari, on April 15, 1999. They were sentenced five years' simple imprisonment and to pay fine of US $8.6 million each. Ms Bhutto was out of the country when the judgment was passed and she preferred to stay in England. Her husband has been in jail since November 1996, when President Farooq Leghari sacked her government. Ms Bhutto was facing charges that pre-shipment inspection (PSI) contract to Swiss firm, Societe Generale de Surveilance (SGS) was awarded by her in 1994 in consideration of kickbacks. The EB had held that the former prime minister in violation of rules, at the behest of Asif Ali Zardari awarded the pre-shipment inspection (PSI) contract to Swiss company, SGS.

It was alleged that the commission was paid to an offshore company, Bomer Finance Inc, owned by Asif Ali Zardari, his fiduciary agent Jens Schlegelmilch. The ultimate beneficiaries of these commissions were Asif Ali Zardari and Ms Benazir Bhutto. Ms Bhutto is also accused in a number of other cases and non-bailable warrants have been issued against her. Farooq Hameed Naek, counsel of Ms Bhutto, said soon after the SC judgment: "I am satisfied but not happy. I was expecting honorable acquittal but this is court's judgment."

Ms. Bhutto was anticipating the same verdict and had demanded acquittal and not retrial. During the trial she wrote an article published in an Indian newspaper called Hindustan Times, in which she said she had been told that the military government would prefer her case to go back for retrial. "I want none of that and seek an honorable acquittal," she wrote expressing fear that her retrial would bring more sufferings and more judges would be “blackmailed” by the state institutions. "Unless the judges in the hallowed halls of the Supreme Court are allowed to function freely, justice will lie torn and tattered," she wrote.

Legal analysts say that The London Sunday Times story based on audiotapes, helped Ms Bhutto tremendously. “If the these tapes were not there, the Supreme Court had no other option but to upheld the conviction,” SM Zafar, military government’s counsel, said after the trial. The London Sunday Times story was based on the conversation of Justice Qayyum, head of the bench which passed the judgement against Ms Bhutto, and the thenAccountability Chief Saifur Rehman. The judge and the Accountability Chief were wire tapped while discussing punishment to Ms Bhutto and her husband. It was argued by Ms Bhutto’s counsels that the trial of Ms Bhutto was “fixed” and she was denied a fair chance to clear her name.

The military government’s prosecutor general accountability (PGA), after the Supreme Court judgment, said that Ms Bhutto and her husband would now be tried by the Accountability Court. Raja Bashir, prosecutor general said, "We respect the apex court’s judgment." When asked whether the prosecution would ask for retrial on the basis of same documents, on which Ehtesab Bench had decided the case, the counsel said that under the law placement of additional documents is permissible. The PGA said that though Ms Bhutto had not been declared proclaimed offender but an advertisement in this regard had already been issued in the newspapers by the Accountability Court after her failure to appear in the court in response to a number of court notices. At the moment non-bailable warrants of Ms Bhutto are in the field and in case she failed to appear at the next hearing, she might be declared proclaimed offender. The case was scheduled to be taken up April 17, in the Accountability Court No 1, comprising Judge Rustam Ali Malik. Asked if the government had any intention of invoking the SC review jurisdiction, the PGA said that it all depended on the detailed judgment of the Supreme Court. When asked whether Ms Benazir Bhutto could come back, the counsel said nobody had stopped her from coming back and added that law will take its course, implying that on return she may be arrested.

One day after the judgment, The Swiss company, Societe Generale de Surveilance (SGS) filed a claim against the government of Pakistan, demanding US$ 329 million as damages on account of premature termination of pre-shipment inspection (PSI) contract and damages to its reputation. The SGS stated that no payment was made to any official for the award of the PSI contract. "The award of contract was fair, transparent and based on a competitive process of bidding and at no stage it indulged in any corrupt or unethical practices in order to procure the award of the contract." The respondent company SGS further stated that the wrongful repudiation of contract by the government of Pakistan and its subsequent false and politically motivated accusations had resulted into colossal monetary loss and damage to the reputation of the company.