April 10, 2002	Wednesday	Muharram 26, 1423

KARACHI, April 9: At a time when political and religious parties have launched a joint struggle against the referendum after its formal announcement by President General Pervez Musharraf, legal experts appear to be in favour of it.

On the one hand, leaders of politico-religious parties claim that the move is unconstitutional, by holding public meetings and press conferences to convince the masses of their point-of-view. On the other, legal experts have pointed out some articles in the constitution that clearly favour the government announcement and which, they say, is completely in accordance with the constitution.

Legal experts were of the view that it provides two parallel procedures for election of the President after the 8th Amendment was introduced in the 1973 Constitution.

They said Article 41 sub-article (7) read with Article 48, sub-article (6) provides two parallel modes for the election of the President of Pakistan.

The first article viz 41 allows an electoral process and the other through direct election in the form of referendum under Article 48, sub-article (6).

Since no parliament ever dared to touch the provision of the constitution in respect of referendum, as envisaged by the 8th Amendment of the constitution, by not declaring it as redundant or repealed, it still constitutes a vital part of the constitution, providing ample leverage to president General Pervez Musharraf to proceed ahead for the referendum within the parameters of the provisions of the constitution, they commented.

They said that Article 41, sub-article 7 states: “Notwithstanding anything contained in this article of Article 43, or any other article of the constitution or any other law, General Muhammad Ziaul Haq, in consequence of the result of the referendum held on the nineteenth day of December, 1984, became President of Pakistan on the day of the first meeting of Majlis-i-Shoora (parliament) in joint sitting summoned after the elections of the houses of Majlis-i-Shoora and held office for a term of five years from that day; and article 44 and other provision of the constitution applied accordingly.

“While article 48, sub-article (6) says that if at any time the President, in his discretion or on the advise of the prime minister, considers that it is desirable that any matter of national importance should be referred to a referendum in the form of a question that is capable of being answered either by yes or no.”

But the basic issue for General Pervez Musharraf being President at the time of referendum is whether he is a lawful President of Pakistan within the mandate provided to him by the Supreme Court, wherein his takeover was validated for the term of 3 years, in order to implement the famous 7-point agenda and further validated General Pervez Musharraf to act as Chief Executive (not as the President). As an elected president, was very much in office at that time of such validation provided by the Supreme Court, they argued.

They claimed that even if President Musharraf emerges