ISLAMABAD, Sept 28: Presidential candidate Justice (retd) Wajihuddin Ahmad has challenged before the chief election commissioner (CEC) the nomination papers of General Pervez Musharraf seeking re-election for another term as president under different clauses of the Constitution.
“He (Musharraf) is not sagacious, righteous, non-profligate and honest and Ameen within the meaning of Article 62(f)” of the Constitution and hence “is not qualified to be elected as president” under Article 41(2) read with Article 62 of the Constitution, said the retired judge of the supreme court in a petition filed before the CEC on Friday through advocates Hamid Khan and Tariq Mahmood.
He complained that his written application seeking permission to examine the nomination papers of General Musharraf for election as President of Pakistan had been turned down by the commissioner.
He demanded that the nomination papers of General Musharraf be rejected on the grounds that among 14 other legal disqualifications the general did ‘not hold any degree of graduation’.
He said that the papers of General Musharraf had been submitted before the time given for submission of nomination papers and hence were liable to be rejected on this ground alone.
General Musharraf, the petition pointed out, appeared before the nation on December 24, 2003, and solemnly promised to give up the office of army chief before December 31, 2004, but failed to honour his promise made to the nation.
Therefore, he was not worthy of/qualified for being elected as president within the meaning of Article 62.
Secondly, the incumbent was contesting for another term of president which begins from November 16, 2007.
During such period he would be suffering from disability under Article 43 which did not permit the president to hold any office of profit in the service of Pakistan but it was self-evident that the office of army chief was such an office.
“If he cannot constitutionally hold the office of COAS on and after November 16, 2007, he can also not hold the office of COAS when he offers himself as candidate for president.”
The complainant said it was against the letter and spirit of the Constitution if the same set of assemblies elected a person as president for whom they had previously given the vote of confidence that deemed him to have been elected as president.
Likewise, the petitioner contended that Gen Musharraf had already served two consecutive terms of office as president, one that started from June 20, 2001, when President Rafiq Tarar was sent home under the President’s Succession Order 2001, and the second that started on November 2002 when he again took oath of the president.
He said that Gen Musharraf had repeatedly violated the oath of COAS to protect the Constitution and not to take part in politics but took public participation in politics and repeatedly violated the Constitution.
The petitioner challenged the amendments made by the CEC in the Presidential Election Rules on September 10, 2007, for being ultra virus of the Constitution.
Gen Musharraf himself gave approval to the amendments which clearly was a self-serving act and hence his nomination papers should be rejected. Justice Wajih said that Gen Musharraf did not hold any degree of graduation which was an essential qualification for election as a member of national assembly.
He thus lacks another qualification for election as president.
Shamim-ur-Rahman adds from Karachi: Commenting on the short order of the nine-member bench of the Supreme Court against the holding of two offices by Gen Musharraf, Justice Wajih said the issue would be raised before the full court of the Supreme Court and the Election Commission.
“This was not a battle but a skirmish,” he said.
He said that detailed judgment would spell out the reasons for the majority’s decision to declare the petitions not maintainable.
He said that when the matter would be taken up before the full court in the Supreme Court, ‘black sheep’ would be exposed.
Referring to reports of pressure that were reportedly brought upon family members of some judges, he said there were strong sentiments against the subversion of constitution and the will of the people.
He said that his candidature was for establishing the supremacy of the rule of law and the Constitution.
