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February 24, 2006 Friday Muharram 25, 1427

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Polls beyond 2007 will be disastrous, say SCBA chief



By Our Staff Reporter


ISLAMABAD, Feb 23: The Supreme Court Bar Association (SCBA) president, Malik Muhammad Qayyum, on Thursday said that postponement of general elections beyond 2007 would lead to a serious constitutional crisis in the country.

Speaking to the reporters at his office in the Supreme Court building here, Malik Qayyum said that the basic structure of the Constitution had been changed in the name of the “so-called” 17th constitutional amendment.

He said the Supreme Court ruling in petitions against 17th amendment that parliament had the exclusive domain to allow President Pervez Musharraf to hold the offices of the president and army chief simultaneously nullified its earlier judgments passed by the larger benches in different cases.

Malik Qayyum said that the constitution guaranteed that its basic structure could not be changed, while the apex court had held in many cases that the basic structure of the Constitution could never be altered, but through the 17th amendment its structure had been changed.

He said in case of dissolution of the National Assembly, holding of fresh elections within 90 days was mandatory according to the Constitution but the Supreme Court validated the proclamation of emergency even for three years. He said though judiciary was the custodian of the Constitution, it allowed executives to amend it.

Regarding ban on serving meals at the weddings, he said the Supreme Court’s directive was being violated flagrantly and the court should now allow one dish for such functions.

To a question, he said, the Supreme Court had failed in enforcing its orders, thus it should allow at least one dish at weddings as well as other allied functions.

About violation of ban on kite flying, Malik Qayyum suggested that instead of imposing ban, which could not be enforced, there should be separate zones like cricket, hockey and polo grounds for kite flying.






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