01 November 2004	Monday	17 Ramazan 1425

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ISLAMABAD, Oct 31: The government gave constitutional justifications for President Gen Musharraf to hold two offices, as it rebutted the counter-claims of the opposition in the Senate on Saturday.

Pleading the case of the government, Federal Minister for Parliamentary Affairs Dr Sher Afgan put forth constitutional and legal justifications for Gen Musharraf to hold the offices of the President of Pakistan and Chief of Army Staff (COAS) concurrently beyond December 31.

Balochistan National Party's Senator Sanaullah Baloch tried to challenge the arguments put forward by Dr Afgan by citing a few relevant articles of the Constitution and then directing the thrust of his speech towards the violations conducted by what he called was a "de facto" president in the form of Gen Musharraf.

Sanaullah Baloch tried to rebut the case built by Dr Afgan by citing Article 41 (7) of the Constitution according to which Article 63 Clause (d) "shall become operative on and from the 31st day of December, 2004."

Opening the day's account from the treasury side, Mr Afgan put forward a complex constitutional equation which, he said, allowed the president to wear another hat. He said: "The 17th Amendment is a question of law to grant second cap of COAS when read as an equation of constitutional law."

The minister said President Musharraf was allowed to retain two offices as Article 241, Article 43, Article 63 (1) "d" and "k" read with Article 270 AA Clause 1 read with Articles 240, 243, 244, 245 read with Chapter IX Disqualification Section 99 Sub Section 1A paragraph "d" and "k" read with Army Law (Act of Parliament 1952) including Rules of Act of 1952 sanctioned the same.

Arguing for the "constitutional equation" put forwarded by him, Dr Niazi echoed an earlier verdict of the Supreme Court in State vs Zia-ur-Rehman case which said: "The Constitution has to be construed like any other document reading it as a whole and giving to every part thereof a meaning consistent with the other provisions of the Constitution."

Later, talking to journalists in his chamber, the minister explained that Article 241 of the 1973 Constitution provided that until a law was not made under Article 240, the existing rules or orders which were in force immediately before the enforcement of the present Constitution shall remain applicable, so far as they were consistent with the provisions of the Constitution.

Article 241 further authorises the federal and the provincial governments to make amendments in the existing rules and orders if it is so required by any contingency or need.

Under the provisions of Article 240 of the Constitution, the parliament has the power to determine the conditions of service and appointment to by or under Act of Parliament in the case of services of the Federation, posts in connection with the affairs of the Federation and in the case of all Pakistan Services.