28 November 2004	Sunday	15 Shawwal 1425

PESHAWAR, Nov 27: A writ petition was filed in the Peshawar High Court on Saturday, requesting the court to advise President Gen Pervez Musharraf to withhold his assent to the bill allowing the president to hold another office.

The petition was filed by Shahid Orakzai praying the court to declare the president to Hold Another Office Bill, 2004, ultra vires of the Constitution and thus invalid.

He requested the court to instruct the Federation of Pakistan to ensure the president is remunerated in accordance with Article 81 and 250 of the Constitution.

The National Assembly had passed the bill on Oct 14, whereas the Senate had passed it on Nov 1 and now the bill has been awaiting the assent of the president following which it would become an Act of parliament.

The petitioner stated: "The High Court shall kindly advise the President to withhold his assent under Article 75(1)(a) for the time being although he may invoke his powers under the subsequent clause to bring the bill in conformity with the Constitution if he so prefers before the judgment of the court."

Questioning the legislative competence, the petitioner seeks a verdict whether the office of the Chief of Army Staff is an office of profit since the proposed law is based on a constitutional provision strictly relating to office of profit. In this regard, it also raises the question whether such an office of profit can be declared otherwise by a legislation through simple majority.

The petition emphasises that the Constitution does not forbid the president from holding more than one office but only rules out an office of profit and as such that is the key question to be determined with regard to the under challenge law. The petition also points to the salary of the president which must be paid in accordance with the principles laid down in Article 81 and Article 250 whereas the incumbent president is remunerated only as Chief of Army Staff.