Nawaz not qualified to contest: Qayyum

Published September 1, 2007

ISLAMABAD, Aug 31: Attorney General Malik Abdul Qayyum said on Friday that former prime minister Nawaz Sharif was not qualified to contest the coming general elections because he was a convict.

“Nawaz Sharif’s prison sentences were remitted in 2000, but he was not given pardon on convictions in hijacking and helicopter cases and the orders of fine, disqualification and property confiscation are still there,” Mr Qayyum told reporters here.

However, Mr Sharif could not be arrested until the remissions were withdrawn by the president on the advice of the prime minister, he said.

Answering a question, he said there was no constitutional bar on President Pervez Musharraf for seeking re-election, and he was also allowed by the Constitution to contest the presidential polls in uniform.

About the petitions before the apex court relating to the president’s dual offices and uniform, he said: “We have full confidence in the Supreme Court. The Supreme Court will decide these cases according to the Constitution.”

He said the Supreme Court had given judgments on the issues in 2000 on Jamaat-i-Islami chief Qazi Hussain Ahmad’s petition and in 2005 on that of the Pakistan Lawyers’ Forum. In the first case, a nine-judge bench had ruled that Gen Musharraf could hold a presidential referendum, while in 2005 a five-ember bench had declared that parliament could amend the Constitution.

Answering a question, Mr Qayyum said new law secretary would be appointed soon.

When asked whether a sitting judge could be appointed law secretary, he said it could be done in light of the decisions of various high courts.

Responding to a question, he said that in his opinion there was no need for the Federal Sharia Court and other special courts. “The powers of such courts should be given to the high courts,” he remarked.

About appointment of high court judges, he said vacancies should be filled within 30 days according to the provisions of the Constitution. “If vacancies are there these should be filled without delay,” he observed.

The attorney-general said issues relating to presidential polls, general elections and return of Mr Sharif had been discussed in his meeting with United States Embassy’s Political Counsellor Canbace Putnam.

He said he had informed the US diplomat that presidential election would be held between Sept 15 and Oct 15.

He said he had apprised the diplomat of the timing of the general election in the light of the relevant constitutional provisions. If assemblies complete their tenure on Nov 15, the general elections would be held by Jan 15, but in case of dissolution of the assemblies the polls should be held within 90 days.

He parried a question about the possibility of dissolution of the assemblies saying that it was a political issue.

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