www.guardian.co.uk
Pakistan's former military ruler Pervez Musharraf faces an extended exile, possibly in Britain, following a court ruling that has paved the way for a possible – although unlikely – treason prosecution.
Celebrating lawyers danced on the steps of the supreme court after a 14-judge bench ruled that Musharraf acted illegally when he suspended the constitution and imposed a six-week period of emergency rule on 3 November 2007.
At the time, the rule was seen as a gambit by Musharraf to strengthen his grip on power. After a long struggle, he was forced from office a year ago.
The court ruling was delivered by chief justice Iftikhar Chaudhry, whose attempted removal by Musharraf in March 2007 sparked a protest movement that eventually led to the general's downfall.
The court did not say whether Musharraf should be tried for treason but the trenchant ruling left him legally exposed to a prosecution. However, analysts said that was unlikely, at least for now, because any move would have to be initiated by the government, which is keen to avoid confrontation with the powerful military.
Hailing the ruling, government officials and lawyers preferred to stress how the decision would deter future military coups. Farhatullah Babar, a spokesman for President Asif Ali Zardari, described it as a "triumph of the democratic principles, a stinging negation of dictatorship".
Aitzaz Ahsan, leader of the lawyers' movement that helped oust Musharraf, said the ruling would "lock the door to future adventurism".
Neither Musharraf, who seized power in a 1999 coup, nor his lawyers attended the court hearing. The retired general left Pakistan for Britain two months ago, reportedly at the urging of the army chief, General Ashfaq Kayani, who wanted to remove all political distractions as the army fought the Taliban along the Afghan border.
Since then Musharraf has given media interviews and reportedly bought an expensive apartment in London, the funding of which has been the subject of much speculation in Pakistan.
Talat Masood, a retired general and former Musharraf confidante, said it was unlikely he would return to Pakistan soon. "He will stay away and the army will advise him to stay away," he said. "I hear he's on a luxury cruise. I think that might be extended for some time."
Analyst Cyril Almeida said a treason trial was more a political matter than a legal one. "My gut feeling is that Musharraf isn't a guy to live in exile permanently. He will return at some point but right now the political heat is too much. His presence in the country is seen as being too destabilising." The ramifications of the historic ruling were unclear, exposing the complicated legal tangle that clouds Pakistan's constitution following decades of alternating military and democratic rule.
According to the ruling, all judges who swore allegiance to Musharraf will now be sacked. Also, some 37 laws passed during the emergency period will be subject to review by parliament.
"It is open to the courts to condone all or any of them," said Saeed-uz-Zaman, a former chief justice, speaking on Dawn television.
The decision which came at the end of a tense five-hour deliberation, was a symbolic victory for Chaudhry, who was reinstated as chief justice last March thanks to the vigorous protest movement.
The army is believed to have played a role behind the scenes, with Kayani urging Zardari to reinstate Chaudhry for the sake of political stability.
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