As the Pakistan supreme court began the hearing of a case challenging an amnesty granted to Asif Ali Zardari and 8,000 others in corruption cases, the government said today it would not defend the immunity, in what could be a setback to the president.
The government's stand was conveyed by acting attorney general Shah Khawar to the apex court, which today began hearing petitions challenging the controversial National Reconciliation Ordinance (NRO).
Chief justice Iftikhar Chaudhry is heading the 17-judge bench that is hearing the case.
The NRO, which was issued by former military ruler Pervez Musharraf two years ago, expired on November 28 after the government failed to get it endorsed by parliament within a deadline set by the apex court.
Khawar, the advocates general of three provinces and the prosecutor of the National Accountability Bureau, an anti-corruption body, told the Supreme Court that they would not defend the NRO.
If the amnesty is struck down by the SC, the court could chose to challenge Zardari's eligibility for the post of president.
Khawar read a brief statement on behalf of the government, in which he said the administration did not support the 17th constitutional amendment, which was pushed through by Musharraf to give the President sweeping powers. Khawar also said the government wanted the restoration of the constitution of 1973.
The bench responded by saying the case related to the NRO and not the 17th constitutional amendment.
The apex court said the government's decision not to defend the NRO raised the question of the impact of the move.
The bench also sought the record of all debates on the NRO in parliament and parliament's standing committee on the law ministry.
Chief justice Chaudhry sought details from NAB of all persons who had benefited from the NRO.
He said NAB should also state how much money was involved in anti-corruption cases that were scrapped under the law.
The apex court has clubbed 10 petitions either challenging the NRO or seeking benefits under the controversial law.
Two petitions challenging the NRO were filed by former federal minister Mubashar Hassan and retired bureaucrat Roedad Khan, who have said that the law went against the constitution and basic rights.
Some legal experts believe the lapse of the NRO has raised the possibility of corruption cases being revived against the beleaguered president.
However, Zardari has said he enjoys immunity from prosecution as long as he continues to hold the post of president.
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