Musharraf not qualified to contest presidential election: Pak SC judge

Justice Falak Sher, a judge on the nine-member Supreme Court bench that had dismissed on September 28 petitions challenging the holding of dual offices by Pervez Musharraf, has ruled that the General is not qualified to contest the presidential election.

Lahore, Oct 4 : Justice Falak Sher, a judge on the nine-member Supreme Court bench that had dismissed on September 28 petitions challenging the holding of dual offices by Pervez Musharraf, has ruled that the General is not qualified to contest the presidential election.

Justice Sher was one of the six judges on the bench who had declared non-maintainable the petitions filed by opposition politicians and lawyers. Three judges had dissented with the majority decision.

Justice Sher gave his opinion on Musharraf's qualification to contest the election in his detailed judgement released here on Wednesday.

"I am of the considered opinion that President Gen Pervez Musharraf is not qualified to contest the ensuing presidential election," he wrote while concluding his verdict.

The judge also said that the President to Hold Another Office Act, 2004, was against the basic structure of the Constitution. He said the act could not override the constitutional bar for a member of the armed forces.

"The holder of the presidential office perforce is required to perform certain political functions being Head of the State which would be incongruous with the Oath of Office of the Chief of Army Staff," the judge wrote.

Justice Sher observed that Musharraf, being Army Chief, couldn't hold any other office of profit in the service of Pakistan until two years after his retirement.

The judge said the petitions were not maintainable because the petitioners were not contenders in the presidential race, hence their fundamental rights were not being violated.

He noted that some of the petitioners helped the regime pass the17th Amendment and Article 270-AA.

Justice Sher, a member of the Supreme Court full bench had earlier dismissed petitions against the re-election of Musharraf, Dawn reported.

ANI