KARACHI: The Sindh High Court has ruled that retired General Pervez Musharraf lacked qualification to be elected as a legislator because he had suspended the Constitution.

The ruling was incorporated in the detailed judgment on the former president’s petition against rejection of his candidature for a National Assembly seat in the 2013 general elections.

A full bench of the SHC, headed by Chief Justice Maqbool Baqar (now elevated to the Supreme Court), had in April 2013 thrown out Mr Musharraf’s plea against his disqualification through a short order. The bench had said the reasons for dismissal of the petition would be recorded later.

Court releases detailed judgment to explain the rejection in 2013 of his plea against his disqualification

The detailed judgment, issued recently, held that the general was still serving as the chief of army staff when he suspended the Constitution and he could not be termed righteous.

The returning officer had rejected the nomination papers of Mr Musharraf for NA-250 on the ground that the former military ruler suspended the Constitution and detained the judges, and he was liable to be tried.

Mr Musharraf filed an appeal in the election tribunal against the decision of the returning officer, submitting that he was presumed to be innocent till he was proven guilty by a court of law and that there was no question of his being proven guilty because he was not tried in any court of law.

The election tribunal, however, had rejected his appeal and upheld the rejection of his nomination papers.

Gen Musharraf moved the SHC appellate bench through a constitutional petition against the judgment of the election tribunal.

The detailed judgment said: “The person who had played with the judicial system and abrogated the Constitution could not be termed righteous.”

It said after imposition of the Pro­visional Constitution Order, the former military ruler forced the judges of superior courts to take oath under the PCO.

The court observed that it was not an ordinary act to put the judges under house arrest and restrain them from performing their constitutional duties after they refused to take oath under the PCO.

The court held that Mr Musharraf’s act of imposition of emergency spread fear in society and insecurity among judicial officers and lawyers. “This shameful act lowered the honour and prestige of the country in the comity of nations,” the court said.

It observed that undoubtedly Mr Musharraf played havoc with the entire judicial system of the country and affected 180 million Pakistanis.

Published in Dawn, February 15th, 2015

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