October 19, 2007	Friday	Shawwal 6, 1428

ISLAMABAD, Oct 18: President Pervez Musharraf would not give up his army post after November 15 by way of charity but was bound to shed his uniform because of the street power demonstrated by lawyers and the people, a counsel told a Supreme Court bench hearing petitions challenging acceptance of the general’s nomination for presidential elections by the Election Commission.

Barrister Aitzaz Ahsan, appearing as a legal counsel for retired Supreme Court judge Wajihuddin Ahmed, tried to establish that Gen Musharraf was not eligible to be a candidate for the presidential election. Likewise, he said, the current electoral college was also not qualified to elect Gen Musharraf for another five-year term as president.

Headed by Justice Javed Iqbal, the 11-member bench had taken up identical petitions questioning the eligibility of President Musharraf to contest the presidential election.

Justice Javed Iqbal observed during the hearing that participation of the army chief in the presidential elections was a concept alien to the parliamentary form of government, but said the way for such an event had been paved by parliament itself through the 17th Amendment.

Mr Ahsan argued that Pakistan’s history was replete with examples in which whosoever appointed an army chief overlooking his senior colleagues was himself forced to leave eventually.

Mr Ahsan recalled that late Zulfikar Ali Bhutto was tried and hanged by Ziaul Haq after his appointment as the army chief in March, 1976, by Mr Bhutto superseding five senior generals.

Likewise, Ghulam Ishaq Khan appointed Gen Abdul Wahid Kakar as the army chief in January, 1973, superseding three generals, but was forced to resign.

Former prime minister Nawaz Sharif appointed Gen Musharraf as the army chief on October 6, 1998, superseding two generals, but his government was dismissed and he, along with his family, was forced to live in exile.

Referring to a reported threat by a federal minister about imposition of martial law in the event of an adverse judgment by the Supreme Court, Mr Ahsan alleged that any military, the movement of which had been restricted in uniform, was not capable enough of imposing martial law.

However, Justice Javed Iqbal dismissed the threats by some ministers as of no value, and said the instant petitions would be decided only on legal grounds.

Referring to some critical remarks about Supreme Court’s judgment in the dual-office act, the judge complained of ‘stone throwing’ on the court, saying the people were commenting on the verdict without having gone through the detailed judgment.

At the outset, Mr Ahsan requested the apex court that it would be better if the hearing in the instant petitions be resumed after the detailed verdict on the dual office act was out as the instant petitions involved almost similar issues.

At this Justice Javed Iqbal announced that the detailed verdict of the majority decision of dismissing petitions against the dual office act would be announced by the end of the week.

Justice Javed also clarified that the court intended to conclude hearing of the petitions within 10 to 12 days.

Mr Ahsan said the question revolving around the controversy was not on president’s eligibility to hold another office but the issue would be resolved if the court examined the question if the army chief or any army officer under the Pakistan Army Act was entitled to occupy or seek to occupy an elected political office.

“We have been led astray on the debate about president’s eligibility because of the dual-office act,” he said, adding that a similar question was also put before the parliament while passing the 17th Amendment. And the parliament deliberately avoided to demolish the fire-wall around the army chief from participating in politics as the president’s office was a political office, he recalled.

By virtue of Article 41(the president), 42(oath of president), 43(1) (conditions of president’s office) and 243 (command of armed force), Mr Ahsan said army officers could not be even a candidate for the office of the president besides Article 63 (qualifications of a member parliament) impedes President Musharraf’s candidature to contest the elections.

President Musharraf was on a track which was coming to an end, Mr Ahsan said, adding that his candidature was a different track. Therefore, the bogey in which he was travelling must stop and he should get off and take another bogey standing on a different track, Mr Aitzaz said.

He went on to say that the 1973 Constitution was a unique document in the world in its aspirations as even after so many amendments it protected the civilian democratic and constitutional institutions which included judiciary, executive and

the parliament from its sons

in uniform.