ISLAMABAD, Dec 8: A leader of the Communist Party of Pakistan on Wednesday filed a petition in the Supreme Court requesting it to declare invalid the assent to the dual-office bill by Acting President Mohammedmian Soomro
empowering President Pervez Musharraf to retain simultaneously the office of the army chief beyond December 31.
The petitioner, Mr Jameel Ahmad Malik, who had contested the August 18 by-election in Attock against Prime Minister Shaukat Aziz, also sought suspension of the bill. The chairman of Senate, the petitioner said, had no constitutional authority to sign the bill and by doing so he had deprived the president of an opportunity to suggest any amendment to the bill under Article 75 of the constitution.
This act of the Senate chairman, he said, had raised an additional constitutional question about the exercise of president's power in the latter's absence that must be determined once and for all.
The petitioner also raised questions about the discretionary powers of the president, seeking a ruling whether any other person performing his function in his absence could order a referendum, dissolve the National Assembly, appoint a caretaker cabinet or appoint a new army chief under Article 243.
