The government is likely to rush the ordinance through the federal cabinet despite stiff resistance from within the ruling Pakistan Muslim League. Tagged as the National Reconciliation Ordinance, the presidential order will then be promulgated by Musharraf on the same day. It means the special sitting of the parliament will be held on Saturday to re-elect Musharraf for another term. According to the constitution, no ordinance can be passed if the National Assembly is in session.
Sources said that the proposed ordinance was part of a package both Musharraf and Bhutto have agreed upon for working together in the future. Under the agreement they had verbally talked to each other through various channels the Pakistan Peoples Party chairwoman would be allowed to become the premier third time by amending the constitution.
It is also learnt that an amendment will also be made to curtail the discretionary presidential power of dissolving the parliament. The two sides have agreed to bring in a new law that will make it binding on the president to step down if he packs the parliament.
The promulgation of the ordinance was reportedly deferred not only due to strong opposition by leaders of ruling Pakistan Muslim League who demanded the extension of amnesty for former exiled premier Nawaz Sharif as well but also because of the prospects of a Supreme Court verdict to stay the scheduled weekend presidential election. Sources said top leaders of PML including its president Chaudhry Shujaat Hussain were making repeated efforts to block the ordinance.
Another ruling coalition partner, Muttahida Qaumi Movement, has agreed to support it after an assurance from the presidency that the amnesty would not be only for Benazir but was for all political leaders and workers.
Sources in Islamabad told Business Recorder that Bhutto's confidant and legal expert Senator Farooq H Naik received and dispatched the draft to his party chairperson. Benazir herself told a news conference in London that she was hopeful of reaching a political deal to share power with Musharraf in the future.
Business Recorder has obtained a copy of the draft ordinance that, its contents said, was to promote national reconciliation and foster mutual trust and confidence among holders of public office to make the election process transparent. The proposed order is designed to simultaneously amend the National Accountability Ordinance of 1999 and Representation of People Act, 1976.
According to the draft, section 18, 24 and 31A of the National Accountability Ordinance are being amended besides adding a new section 33A. The draft says: "Any order or judgement passed by the court in absentia against an accused shall be void ab initio."
"Proceedings under investigation or pending in any court under this ordinance against Holders of Public Office before 17th day of November 1999 shall stand terminated. Further such Holders of Public Office shall also not be liable to any action for the acts done before the aforesaid date," it added.
According to an amendment proposed in section 39 of Representation of People Act, 1976, the returning officer would be bound to give the copy of the poll result to all contesting candidates.
The newly inducted section would curtail the powers of law enforcing agencies or police to arrest any parliamentarian without permission from a special parliamentary committee on ethics.
"No sitting member of Parliament and Provincial Assembly shall be arrested without taking into consideration the recommendation of Special Parliamentary Committee on Ethics or Special Committee of a Provincial Assembly on Ethics, as the case may be."
"The Special Parliamentary Committee on Ethics shall consist of Chairman who shall be a member of either House of Parliament and eight members each from the National Assembly and Senate to be selected by the Speaker National Assembly and Chairman Senate respectively, on recommendation of Leader of the House and Leader of Opposition, with equal representation of both sides.
Similarly, there shall be a Special Committee of a Provincial Assembly on Ethics with equal representation of Treasury and Opposition."Experts believe the ordinance favours Benazir's Pakistan Peoples Party the most. Bhutto is facing several cases in courts for misusing authority.
It is certain to allow Bhutto make a comeback without any worry of being arrested to face corruption charges but will not fulfill her "seemingly irresistible" ambition to become the premier again.
Military ruler Musharraf, who seized power eight years ago, is now facing stiff resistance from opposition parties hostile to him and a charged pro-democracy legal fraternity.
AFP ADDS: "They have agreed on the draft and it will be issued by the president on Friday. Benazir Bhutto has given her assent," Railways Minister Sheikh Rashid, a close confidant of the president, told AFP.
Pakistan People's Party has for its part agreed to withdraw a legal petition filed in the Supreme Court that seeks to have Saturday's presidential election postponed, the official said.
There was no immediate confirmation from Bhutto, who held talks in London with key party leaders on the deal. A party spokesman in Islamabad was unable to confirm that there was a deal. Officials said the agreement would not apply to ex-prime minister Nawaz Sharif, whom Musharraf ousted in a coup in 1999 and who was deported soon after flying back to Pakistan in September.