LAHORE, Sept 13: The Pakistan Lawyers Forum on Saturday asked the Lahore High Court to suspend the operation of last year’s presidential referendum till the disposal of its petition against the “selection” of Gen Pervez Musharraf as president.

Last year, PLF president A.K. Dogar had filed a petition with the LHC against the presidential referendum on grounds that the 1973 constitution did not permit such an exercise, which was illegal and unconstitutional. The LHC admitted the petition for regular hearing, and it is still pending for adjudication.

“If this rigged presidential referendum is allowed to cast its pernicious influence on body politic of the country, it will continue to cause irreparable loss with each passing day,” he pleaded in his application under Section 151 of the CrPC.

Mr Dogar added that the parliament had become dysfunctional and the country was suffering from a serious constitutional deadlock following the introduction of Legal Framework Order which had itself originated from the Presidential Referendum Order 2002.

He claimed that prima facie his petition stood established in his favour on being admitted for regular hearing. Every citizen, being a sovereign, had the right to be protected by law against all extra-constitutional exercises aimed at protecting a dictator, he added.

The petitioner argued that it would be in the best interests of natural justice that the operation of presidential referendum be suspended till a decision on the main petition. This application is likely to be taken up later this week.

Mr Dogar alleged that Gen Musharraf had installed himself as the president through a rigged referendum, which had no legal recognition. The 1973 constitution allowed election of the president only through the Parliament while a referendum could only be held for consulting the nation on matters of prime importance that did not include selection of president, he claimed.

He also contended that the court had the jurisdiction to determine the legality of this referendum under Article 199 of the Constitution, and there was no bar on it in this regard.

According to the PLF president, the term “election of president” in the Constitution meant a situation where two or more candidates were vying for the office. In this case, there was no other contestant. This made the “selection” of president illegal.