September 05, 2007	Wednesday	Sha'aban 22, 1428

LAHORE, Aug 4: The Supreme Court has been moved against the law which allows Gen Pervez Musharraf to hold office of the president.

The Legal Protection Society (LPS), through advocate Sheikh Mushtaq Ali, said the President to Hold Another Office Act 2004 violated articles 2-A, 5, 8 and 25 of the Constitution and the oath of the office of the president and parliamentarians.

The petitioner asked the court to restrain the federal government from amending the Constitution or any law to remove the disqualification clauses for the re-election of the president and election of the prime minister for the third term.

The LPS asked the court to restrain parliamentarians from voting for any amendment bill, if placed before them, to remove obstacle in the way of re-election of disqualified president or election of a disqualified person as prime minister.

The petitioner said parliament had passed the Constitutional Amendment Bill, which the president assented on Dec 31, 2003, and it became the act of parliament known as Constitution (Seventeenth Amendment) Act, 2003.

Through the amendment, the nation was given an assurance that Gen Musharraf, chief of the army staff and chairman of the Joint Chief of Staff Committee, would give up his army office on or before Dec 31, 2004, the petitioner said.

He said it was unfortunate for the nation that parliament passed a bill, which received the assent of the president on Nov 30, 2004, and it became the “President to Hold another Office Act, 2004”. He said all Pakistanis were disappointed from parliament for having passed the bill, repugnant to the spirit of Constitution.

The petitioner said again parliament was going to be used by Musharraf for his interest and to subvert the constitution. He said if the president succeeded in his objects, the legislation would be against the constitution and members of parliament who voted for such amendment would be guilty of “high treason” liable to be prosecuted under the High Treason (Punishment) Act of 1973.