ISLAMABAD — Pakistan’s top court struck down a 2007 decree protecting President Asif Ali Zardari and other senior officials from past graft charges, in a ruling that could lead to a challenge to the legitimacy of his election.
President Asif Ali Zardari’s opponents are expected to challenge his eligibility for the presidency, based on the court’s ruling.
Pakistan’s defense and interior ministers and some key advisers of the president were also sheltered by the amnesty decree. Many of them could now face prosecution. Mr. Zardari and other officials have denied wrongdoing.
The ruling threatens to deepen turmoil in Pakistan at a time when the U.S. is counting on its help in fighting the Taliban. U.S. officials have been pressing Pakistan to expand counterinsurgency efforts in support of the troop surge across the border in Afghanistan.
In a late-night decision Wednesday, a 17-member bench of the Supreme Court, headed by Chief Justice Iftikhar Mohammed Chaudhry, declared the 2007 amnesty decree to be unconstitutional. It also ordered the restoration of all cases against Mr. Zardari, though as president he enjoys immunity from prosecution. Opposition politicians demanded he step down and face charges; his aides rejected the idea.
The amnesty decree, known as the National Reconciliation Ordinance, was introduced in October 2007 by then-President Pervez Musharraf as a part of a deal — brokered by the U.S. and Britain — which allowed former Prime Minister Benazir Bhutto to return from exile for elections. The decree released thousands of politicians and bureaucrats from charges of graft and other offenses.
Ms. Bhutto returned, and was assassinated just over two months later, leaving her husband, Mr. Zardari, to lead her party to victory in national elections in February 2008. He became president after Gen. Musharraf resigned in August 2008.
The Supreme Court earlier this year said Pakistan’s Parliament had to ratify the National Reconciliation Ordinance by November for it to stay in effect. Parliament failed to ratify it, leaving it to the courts to decide the fate of the amnesty.
