ISLAMABAD, Pakistan — After months of legal battles, Pakistan's government relented on Tuesday to judges' demands that it agree to write a letter to the authorities in Switzerland regarding corruption charges against President Asif Ali Zardari.
The decision, announced in court by Prime Minister Raja Pervez Ashraf, appeared to offer a potential way out of a bruising standoff with the Supreme Court that has threatened to upset Pakistan's fragile democratic order.
Mr. Ashraf said the law minister was in principle ready to draft a letter to the Swiss authorities that could potentially revive corruption allegations against Mr. Zardari dating back to the 1990s.
After deliberations among fellow judges, Justice Asif Saeed Khosa, who led the five-member bench, gave Mr. Ashraf until Sept. 25 to make good on his promise.
The move represented a reversal for Mr. Zardari's government, which had previously refused court orders to write the Swiss letter, as it has become known, citing presidential immunity from prosecution.
But analysts cautioned that the controversy would be resolved only after both sides agree to the wording of the letter — a potentially fraught process that could reopen divisions.
Even if the letter is written, it does not necessarily mean that Mr. Zardari will face prosecution anytime soon. Swiss officials have given little indication about whether they intend to reopen the case, which relate to at least $12 million in kickbacks.
Swiss legal experts say that for a variety of reasons, including the recent expiration of a statute of limitation on the charges and Mr. Zardari's presidential immunity, the chances of a new prosecution are slim, at least while Mr. Zardari remains in office.
One Pakistani newspaper recently reported that the law minister, Farooq H. Naek, visited Switzerland, ostensibly with a view to exploring the implications for Mr. Zardari of acceding to the court's demands.
Tuesday's court hearing proceeded in a conciliatory tone, contrasting with the tense, impatient mood of earlier hearings. For almost two years, the Supreme Court has ordered the government to write the so-called Swiss letter in an ongoing confrontation that culminated in the dismissal of the previous prime minister, Yousaf Raza Gilani, in June.
The court, headed by Mr. Zardari's rival, Justice Iftikhar Muhammad Chaudhry, argued that nobody in Pakistan should be above the law. The government accused Justice Chaudhry of abusing judicial powers to engage in a political grudge match.
The tenor of the courtroom tussle sharpened dramatically this year, alarming senior lawyers and politicians as the case excited frenzied rumors of a military coup.
But over the past month, both sides have adopted a more conciliatory approach. After the court hearing on Tuesday, Justice Khosa joked that he hoped the prime minister's court appearance would be as successful as his recent visit to China.
Later, Mr. Ashraf said that he was seeking a resolution of the controversy that "upholds the honor and sanctity of the court but also the honor of the office of the president."
The developments surprised the local media, which had widely predicted in Tuesday's newspapers that the government would stick to its guns. At the very least, it has saved Mr. Ashraf from the threat of contempt charges and bought his government more time to deal with the problem.
On Tuesday, the court excused Mr. Ashraf from further appearances in court on the issue.
Speaking to reporters outside the court, Qamar Zaman Kaira, the information minister, said Mr. Naek, the law minister, would draft the letter.
"We do not want any confrontation between institutions. We do not want to fight with the court. We have tried to find a way to resolve the issue," Mr. Kaira said. "The air of uncertainty will now end."
Political considerations likely played a major role in the latest attempt to end the crisis. As Mr. Zardari's coalition government nears the end of its five-year term next March, it has become clear that, regardless of the corruption cases, it is likely to stumble on.
Analysts said the prospect of the Supreme Court dismissing yet a second prime minister for failing to follow its orders in the case could have badly damaged its authority among the public.
Mr. Kaira said that general elections would take place as scheduled after March 2013 and "not earlier."
By JOHN MARKOFF 18 Sep, 2012
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Source: http://www.nytimes.com/2012/09/19/world/asia/pakistan-relents-on-courts-demand-to-pursue-corruption-case.html?partner=rss&emc=rss
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