Pakistan court clears way for Musharraf's 2nd term

By Kamran Haider

ISLAMABAD (Reuters) - Pakistan's Supreme Court, stacked with judges friendly to President Pervez Musharraf, on Thursday threw out a final challenge to his re-election and paved the way for him to quit as army chief.

The long-awaited ruling comes as the 53-nation Commonwealth suspended Pakistan, the second time since Musharraf took power in a bloodless 1999 coup, because he has resisted calls to fully lift emergency rule imposed on November 3 by Thursday.

"Dismissed," Chief Justice Abdul Hamid Dogar said after hearing the petition, the sixth and final challenge to Musharraf's October 6 re-election to be thrown out by the court.

Attorney General Malik Qayyum said before the ruling he expected Musharraf to be sworn in for a second term "by the weekend or immediately thereafter".

Musharraf's top legal adviser, Sharifuddin Pirzada, said there was now no legal obstacle to his re-election. "Now the court has to give us this in writing," Pirzada said.

Musharraf repeatedly promised to relinquish his army post and be sworn in as a civilian leader for a second five-year term in what he calls a transition to civilian-led democracy once his re-election had been endorsed by the court.

While critical of his actions, the United States has given leeway to General Musharraf, an ally in the fight against al Qaeda and the Taliban, to put things right before a general election on January 8 that the opposition may boycott.

Investors in the Karachi stock market welcomed the court ruling. Shares gained 0.25 percent on Thursday on top of 1.5 percent on Wednesday, leaving the market 2.7 percent below pre-emergency levels.

BUSH PART OF THE PROBLEM?

Amid fears the Supreme Court would rule against him on the re-election challenges, Musharraf declared emergency rule nearly three weeks ago, suspended the constitution, sacked the chief justice and purged the court, installing more amenable judges. The move drew widespread international condemnation.

The Commonwealth Ministerial Action Group (CMAG), charged with reviewing Pakistan's membership, said Musharraf had not yet lifted emergency rule and had failed to stand down as army chief.

"The situation in Pakistan continues to represent a serious violation of the Commonwealth's fundamental political values."

CMAG had therefore "suspended Pakistan forthwith from the Commonwealth pending the restoration of democracy and the rule of law in that country", the organization's Secretary-General Don McKinnon told a news conference in Kampala.

Louise Arbour, the U.N. High Commissioner for Human Rights, told reporters in Dublin: "It is not enough to move towards free and fair elections unless all the judges who were dismissed or suspended are fully reinstated in their previous capacity."

British Prime Minister Gordon Brown said Musharraf had told him "he will do his utmost to lift the state of emergency in time for free and fair elections to be held and to give up his military role and responsibilities as soon as possible".