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Official refuses court order to arrest Pakistan PM

Thursday - 1/17/2013, 11:24am  ET

Supporters of Pakistani Sunni cleric Tahir-ul-Qadri, unseen, listen to their leader in Islamabad, Pakistan, Thursday, Jan. 17, 2013. Qadri is demanding the government be dissolved and replaced with a caretaker administration formed in consultation with the judiciary and the military. He also wants electoral reform to weed out corrupt politicians and prevent them from winning elections in the future. (AP Photo/B.K. Bangash)

ZARAR KHAN
Associated Press

ISLAMABAD (AP) -- Pakistan's anti-corruption chief refused a Supreme Court order to arrest the prime minister on Thursday, citing a lack of evidence in a graft case that sparked the latest clash between the government and the country's top court.

The arrest order issued earlier this week intensified political turmoil in Pakistan where a firebrand Muslim cleric has been leading thousands in an anti-government protest in the capital, Islamabad, for the past four days.

The cleric, Tahir-ul-Qadri, said Thursday would be the last day of the protest, but said he would let the protesters decide how to respond if officials didn't meet his demands. That warning prompted the government to send a high-level delegation to meet him.

The growing instability is a concern for the United States, which relies on Pakistan to help it fight Islamic militants and stabilize neighboring Afghanistan.

Fasih Bokhari, chief of the government's anti-corruption unit called the National Accountability Bureau, told the Supreme Court that the initial investigation into the corruption case against Prime Minister Raja Pervaiz Ashraf and more than a dozen others was flawed. He said he needed more time to determine whether the premier should be arrested.

The case involves kickbacks that Ashraf allegedly took when he was minister of water and power. They were related to projects to build private power stations to provide electricity to energy-starved Pakistan. The prime minister has denied the allegations.

The investigating officers "were not able to bring incriminating evidence but relied on oral statements which are not warranted in the court of law," said Bokhari, who was appointed to his post by President Asif Ali Zardari.

Chief Justice Iftikhar Chaudhry questioned why the anti-corruption chief needed more time since the case against the prime minister has been pending for about a year. He grilled Bokhari and eventually demanded that he deliver a detailed report that includes what evidence exists in the case, when the hearing resumes on Jan. 23.

"There may be some who consider themselves above the law, but let me make it clear there is no one above the law," Chaudhry said.

Another judge, Sheikh Azmat Saeed, chided Bokhari, saying he was acting more like a defense lawyer than a government prosecutor.

The Supreme Court has clashed repeatedly with the government during the past year, especially over an old corruption case against Pakistan's president in Swiss court. Pakistan's Supreme Court convicted Ashraf's predecessor, Yousuf Raza Gilani, of contempt of court for refusing to reopen the case and ousted him from office.

Critics of the court have accused the chief justice of hounding the government because of bad blood between him and the president. Some have also suggested he is working in concert with the cleric who has paralyzed key areas of Islamabad in recent days with his anti-government protest. Both men have denied the allegations.

Qadri has galvanized many Pakistanis with his message that the nation's politicians are corrupt thieves who care more about lining their pockets than dealing with the country's pressing problems, such as electricity shortages, high unemployment and deadly attacks by Islamic militants.

Despite heavy rain, thousands of Qadri's supporters remained camped out on the main avenue running through Islamabad for the fourth day Thursday after spending a chilly night wrapped in blankets on the street or sleeping in rows of tents.

Qadri is demanding the government be dissolved and replaced with a caretaker administration formed in consultation with the judiciary and the military. He also wants electoral reform to weed out corrupt politicians.

The government has refused his demands, calling them unconstitutional. The cleric's critics accuse him of working with the country's powerful army to delay elections expected this spring. Qadri has denied the allegations.

The cleric delivered a new deadline for the government to comply with his demands by Thursday afternoon and warned that if it failed to do so, the crowd would take matters into its own hands.

"We gave a chance to law, we gave a chance to democracy, and now we are giving the last chance to peace," said Qadri, who spoke from inside his bulletproof container, sheltered from the driving rain.

The government sent a high-level delegation to hold talks with Qadri after he delivered his latest warning. The delegation arrived to cheering crowds and climbed up into the cleric's container to meet with him.

Elsewhere in the country, army helicopters pounded three homes in a northwestern tribal region, killing two women and two children, said local resident Sajid Khan. The attack in Khasu Khel village in the North Waziristan tribal area also wounded six people.

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