ISLAMABAD, Sept 18: In a significant move, President Gen Pervez Musharraf through his counsel declared before the Supreme Court on Tuesday that he would step down as army chief if he was elected president for a second term by the parliament and four provincial assemblies.

The statement is the first official announcement by President Musharraf himself to quell all kinds of speculations about the timing of taking off his uniform.

“If elected for the second term as the president, General Pervez Musharraf shall relinquish charge of the office of the Chief of Army Staff soon after election, but before taking oath of office of the president of Pakistan for the next term.

“The nomination paper of Gen Pervez Musharraf should be scrutinised by the Chief Election Commissioner/Returning Officer independently and in accordance with the law,” said the statement submitted by Sharifuddin Pirzada, senior counsel for Pervez Musharraf.

The statement, however, didn’t create any stir in the courtroom as Justice Rana Bhagwandas, who is heading a nine-member bench seized with a set of identical petitions challenging the president’s dual offices, observed that the first part of the statement had been published in the media.

Other members of the bench include Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M. Javed Buttar.

The Jamaat-i-Islami and its chief Qazi Hussain Ahmed have filed petitions against president’s retention of the office of the Chief of Army Staff. Pakistan Tehrik-i-Insaaf chief Imran Khan, Jameel Ahmed and Shahid Orakzai have challenged the dual offices held by the president.

Maulvi Iqbal Haider has in his petition favoured the president holding the two offices, while Prof Anwarul Haq has sought the court’s permission to contest the presidential election.

At the outset of Tuesday’s hearing, Sharifuddin Pirzada, along with Attorney-General Malik Mohammad Qayyum, read out a single-page statement before the bench.

This is for the second time that Sharifuddin Pirzada had presented statements on behalf of the president before the Supreme Court. Earlier he had told a seven-member bench hearing the same petitions that the term of office of the president expired on Nov 15, 2007, and that under Article 44(1) of the Constitution (term of office of the president), the president would continue to hold the office until his successor entered upon his office.

Supreme Court Bar Association (SCBA) president Muneer A. Malik said that through the statement the government intended to provide a ‘middle ground’ to the court which “we will not accept as the government is trying to render the instant constitutional petitions infructuous”.

“All that the statement has said is that the president will stand down if elected, but I say even if he is not elected he has to stand down,” Mr Malik said, adding that 50 per cent of the battle over the uniform issue had been won through the lawyer’s struggle. “Now the only question remains is his candidature for re-election to the second term in the presidency.”

Former SCBA president Tariq Mehmood said that the government through the statement was playing with the courts to win their sentiments. “But, if this is a challenge we accept it.”

Mohammad Akram Sheikh, counsel for the Jamaat-i-Islami, told the court that the statement intended to influence the bench, but nobody would believe the president because he was not trustworthy. He had gave back on his words twice -- once by participating in politics despite having given assurances to the contrary and second by breaking the promise made to the nation about taking off his uniform.

“We are least prejudiced,” Justice Bhagwandas observed.

Akram Sheikh said the statement had reinforced his arguments that President Musharraf was not eligible to file his nomination papers for the presidential election.

He said President Musharraf was contesting for the highest office for the third time which, otherwise, was not permitted under the Constitution.

He said President Musharraf first assumed the office by removing Rafiq Tarar and, secondly, when he became president after holding a referendum. “Therefore, the re-election is for the third time and not for the second time.”

Talking to reporters after the hearing, the attorney-general disputed Akram Sheikh’s arguments and said the Constitution was in abeyance when Gen Musharraf had assumed the office of the president after removing Rafiq Tarar. Therefore, his re-election was for the second term and not the third term, he added.