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The prospects of indemnity for President Musharraf have brightened with a new turn in the on-going stand-off between ruling coalition and the presidency.
According to well-placed sources familiar with behind-the-scene talks between coalition government and presidency, PML-N, which has taken a very strong position in relation to amnesty for the president is now under immense pressure to review its stance following reports that the objective of giving indemnity or meeting one of the key demands of General Musharraf that he has linked to his resignation would be achieved or met through PML-Q and MQM in case Nawaz Sharif preferred to stay out of the deal.
"PML-N will be replaced with two Musharraf allies PMLQ and MQM in order to meet the number requirement in the parliament," the sources said and added that the talks that had run into snags as none of the conditions set forth by President Musharraf were acceptable to PML-N. However, the sources said, there are still some contentious issues that require resolution at the earliest. For example, the sources said, while the PPP had no objection to his demand for indemnity it was against his desire to continue to remain in Pakistan as the Zardari-led party believed it would mire the controversy as "Musharraf's nemesis Nawaz Sharif" would still seek his trial.
Should the two parties-government coalition and the presidency-fail to strike a deal within the next 24 hours or so the "charge sheet", which is to be presented to the coalition leaders shortly, will take a final endorsement from them in "due course".
Explaining the words "due course", the sources said that the PPP would like to seek more time so that a deal is finally struck before the impeachment process is set into motion. According to sources, the PPP finds the impeachment process an embarrassment for the army and the international powers involved in working out a deal with a view to ending the present political impasse.
"Not only will the desired deal being brokered by international interlocutors fully avoid impeachment process, it will fully eliminate the possibility of use of 58(2)-b by the president," the sources said.
Sources said that the scope of indemnity will require cover against actions and deeds that may not be provided/entertained by Article 248 of the Constitution.
The following are the details of Article 248:
248. Protection to President, Governor, Minister, etc.

(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.
(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done by or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.

Copyright Business Recorder, 2008

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