04 October 2004	Monday	18 Shaban 1425

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LAHORE, Oct 3: Supreme Court Bar Association president Tariq Mahmood has said Gen Pervez Musharraf had held out a solemn commitment to the people of Pakistan in a television speech in Dec 23 last year that he would leave the office of the chief of army staff by Dec 31, 2004.

"Now that he (Musharraf) seems to be backing out, this does not only mean the he feels himself insecure without uniform but also amounts to contravening the constitutional obligation as stipulated under article 63(i)(d) and article 43 which put him under an obligation as president not to retain any other office of profit," Mr Mahmood said while addressing a lawyers' moot here on Saturday.

Quoting from Dialogue on Political Chessboard, the book written in August this year by senior jurist Mr S M Zafar, who brokered an agreement between the MMA and the ruling Muslim League on the controversial Legal Framework Order, the SCBA president said that the two parties bound Gen Musharraf under the 17th Amendment to the constitution to doff his uniform before the year 2004 was out.

Quoting from the book, he referred to the 'final' meeting between the MMA and the PML in which Liaqat Baloch shared his apprehension with Mr Zafar about article 43 of the constitution which only indicted a prohibition without slamming disqualification or penalty.

According to the book, Liaqat Baloch, on the instance of Mr Zafar, went to make things cleared with president's personal staff officer Tariq Aziz who told Mr Baloch not to worry and be satisfied. S M Zafar writes, "Finally, it was decided to let the matter rest there and that both parties should work on the basis of trust on each other".

Satisfied with the assurance of Mr Tariq Aziz, the two parties later sat together for seven hours to finalize the draft of the 17th Amendment to the constitution. Mr Tariq Mahmood said that Tariq Aziz was part and parcel of the talks and the agreement and his assurance was an assurance by Gen Pervez Musharraf himself.

He said the MMA-PML agreement reached on Dec 24, 2003, provided that article 63(i)(d) of the constitution would be applicable from Dec 31, 2004, and would have the force of disqualification against holding two offices from this day.

He said that the situation emerging now when the Punjab and Sindh assemblies and later certain district councils had through resolutions been asking Gen Pervez Musharraf not to shed his uniform, was simply unconstitutional.

He said the assertion of Gen Musharraf that he would himself decide when to shed uniform, also amounted to violating the constitution because he (the president) had no option left but to go by the constitution that he had to leave the COAS office maximum by the last day of this year.

The SCBA president said the reluctance in leaving the COAS office would be a fraud on the constitution and the people. It would also establish beyond doubt that the army rulers had no respect for the constitution and any other state institution.

He said it was after the MMA-PML agreement that Gen Pervez Musharraf was able to address the joint sitting of parliament, a constitutional requirement of a president. "If the general fails to leave the COAS office by the stipulated day, not only he himself but the people of Pakistan and the state are bound to face an unprecedented crisis", he added.