Musharraf can seek reelection, court says

islamabad, pakistan -- The Supreme Court on Friday cleared the way for President Pervez Musharraf’s election to a new term as president, dismissing legal challenges to the Pakistani leader seeking office while still serving as the nation’s military chief.

The 6-to-3 high court decision all but assured Musharraf a second five-year term as president. It dealt a heavy blow to the country’s political opposition, which over the last six months has staged a concerted campaign to oust him and end military rule in Pakistan. Some anti-Musharraf activists acknowledged, however, that the ruling, even though a disappointment, may have staved off a prolonged period of strife and chaos. Many observers had feared that if disqualified from standing for a new term, Musharraf might have taken drastic steps, such as dissolving parliament and declaring martial law.

“In view of the total political atmosphere, it might be that this decision is wise, though hard to accept,” lawyer Zamir Hussain said.

Musharraf is regarded by the Bush administration as a crucial ally in the fight against the Taliban and Al Qaeda, although some American officials have complained that his government has not moved aggressively enough. He has largely retained U.S. support even as domestic opposition to his rule has mushroomed.

Armed with Friday’s ruling, Musharraf is expected to win a vote Oct. 6 by lawmakers from national and provincial assemblies on granting him a second term. But he is likely to face a curtailment of the near-absolute power he has enjoyed until now. The general, who seized control in a bloodless coup eight years ago, has promised to give up his post as army chief after reelection, but before he is inaugurated in mid-November.

That pledge was widely thought to have been prompted by heavy pressure from a grass-roots pro-democracy movement, together with the very real threat of the high court blocking his presidential candidacy.

Musharraf’s senior aides greeted the court victory with evident relief. The Pakistani leader’s chief spokesman, Rashid Qureshi, declared: “Justice triumphs.”

But within the chamber and on the streets, the ruling sparked protests. The standing-room-only crowd inside erupted in pandemonium as the tersely worded verdict was read out. In the spectators’ gallery, lawyers -- who have been in the forefront of the campaign for a return to civilian rule -- reacted with groans and shouts, then broke into loud chants of “Shame, shame!”

Musharraf’s critics pledged to mount street protests, and opposition leaders said they would seek to block the presidential election by legal means. But with the vote only eight days away, their options were limited. Tight security and a roundup of political activists has largely quashed dissent in recent weeks.

The country’s largest Islamist party, Jamaat-i-Islami, was among those seeking Musharraf’s disqualification, and its members reacted with open anger to the decision. Demonstrators in front of the stately court building hurled tomatoes and eggs at its iron gates.

Opponents insisted that the 64-year-old general was constitutionally barred from seeking office while in uniform, and also that a vote by the outgoing assemblies would be invalid.

During court arguments last week, Musharraf’s lawyers made the promise that he would soon step down as army chief, but also issued a thinly veiled warning: that if for whatever reason he were not elected to another term as president, he would continue as head of the military, a powerful post from which he derives much of his authority.

The wording of the court ruling Friday pointedly left open the door for future challenges. The petitions were declared “not maintainable,” which analysts said was distinct from being declared to be without legal merit.

The panel of judges did not include activist Chief Justice Iftikhar Mohammed Chaudhry, who abstained from the case. Musharraf’s effort to fire Chaudhry this year was one of the events that fueled the campaign to oust the general from power.

The court ruling came only a day after Musharraf’s aides filed legal papers giving notice of his intention to seek reelection. Some opposition parties have threatened to resign in advance of the vote by lawmakers, but even if they do, Musharraf’s party says, the general still controls enough legislative seats to prevail.

Musharraf has been in negotiations for months over a potential power-sharing deal with former Prime Minister Benazir Bhutto. She has said she will return from self-imposed exile to Pakistan on Oct. 18 to lead her party in parliamentary elections due by mid-January.

Bhutto has demanded that Musharraf relinquish his army job before standing for reelection. It was not clear whether some deal between the two, both of whom are considered political moderates, could be salvaged if Musharraf kept his promise to step down as military chief after the presidential vote.

American officials have expressed hope that parliamentary elections will lead to a peaceful transition to civilian rule.

Also contesting the parliamentary elections will be the party of Nawaz Sharif, the exiled former prime minister who was deported by Musharraf’s government this month when he tried to return to Pakistan.

The Supreme Court had ordered that Sharif be allowed back, and his party is trying to have Musharraf held in contempt of court for deporting him.

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laura.king@latimes.com