Presidents dual offices case hearing adjourned to Friday

The hearing of constitutional petitions challenging General Pervez Musharrafs dual offices was adjourned for Friday.

Islamabad, Sept.27 : The hearing of constitutional petitions challenging General Pervez Musharraf's dual offices was adjourned for Friday.

A nine-member larger bench of the Supreme Court, headed by Justice Rana Bhagwandas, is hearing petitions against the president's dual offices.

Abdul Hafeez Pirzada, an Amicus Curiae of the court, in his arguments before the court said that President Musharraf enjoys exception from Article 63 of the Constitution and Article 63 D has not been suspended. He argued that application of Article 25 on this case will be illogical.

Akram Shaikh, the counsel of petitioner Jamat Islami, during arguments of Abdul Hafeez Pirzada objected to Pirzada being an Amicus Curiae and arguing the case as a friend of the president. He requested to the court for a right to reply the arguments of Pirzada.

As the court hearing started Thursday morning Justice Rana Bhagwandas directed Aitzaz Ahsan, an Amicus Curiae of the court, to complete his arguments by 11:00 am.

Justice Javed Iqbal remarked that restriction of time should not be placed on the arguments in the dual offices case, due to its importance.

Justice Bhagwandas said: "We want to complete hearing of the case today."

Chaudhry Aitzaz Ahsan in his arguments said that the dual offices law was a breach of the constitution and the petitions are maintainable as it is a matter of fundamental rights. He further said that setting aside Article 63 of the constitution for presidential elections is an unconstitutional step.

The text of the oath of Army Chief is different from the oaths of other government employees, members of assemblies, speakers and the judges, he added.

Ahsan also said that proposing and seconding a president in uniform amounted to a criminal act, and added that the nomination papers of General Pervez Musharraf for re-election in the presidential election should be rejected.

Those, who propose and second the candidature of General Pervez Musharraf for reelection in the presidential election, should be sentenced for ten years, he said. Barrister S.M. Zafar earlier in his arguments as Amicus Curiae told the court that the dual office law was for a specific period that would end on November 16. He said it is a Constitutional requirement that the president should quit immediately the Army chief office at the time of announcement of the presidential election results.

Earlier, the president's counsel Sharifuddin Pirzada and Attorney General Malik Qayyum completed their arguments.

On Tuesday, the apex court had adjourned the hearing of the constitutional petitions against dual offices of the president till Wednesday.

In a pointer that could have a negative impact on President General Pervez Musharraf's chances of becoming a president for a second consecutive term, Justice Javed Iqbal said in his remarks during the hearing that the Doctrine of Necessity had been buried and no decision would be based on it.

Attorney-General Malik Qayyum, while arguing before the larger bench said the election of President doesn't affect the fundamental rights of any person.

Justice Rana Bhagwandas, who was the acting Chief Justice of the apex court between March and July this year, said that it is a matter of national importance that would determine the destination of the nation.

Apparently the petition of Jamat Islami seems maintainable, he said.

The dual offices case relates to Musharraf occupying the posts of President and Chief of Army Staff beyond the Constitutionally stipulated period. There are several petitions pending before the apex court, three of which were rejected.

Last week, the president's counsel in the Supreme Court, Syed Sharifuddin Pirzada filed a written statement in the court that General Musharraf would doff uniform after his re-election as president for another term. The statement said that President Musharraf would quit the Chief of Army Staff office before taking oath as president after his re-election.

The statement further said that the Chief Election Commissioner as Returning Officer would check nomination papers of President Musharraf independently according to the law.

Chaudhry Shujaat Hussain, the president of the ruling Pakistan Muslim League-Q (PML-Q), also said the government would accept the decision of the Supreme Court on President General Pervez Musharraf's dual offices case.

"We will respect the verdict of the Supreme Court on the uniform of the President," Hussain told a press conference, adding that Parliament had granted permission of uniform to Musharraf through the 17th Amendment.

Hussain ruled out the possibility of the dissolution of assemblies, saying that not enough time is left for taking this step. He also rejected using the option of martial law in the country.

Reacting to the opposition's threat that it would not cast votes in the presidential election, the PML chief said the government did not seek votes from the opposition. But he appealed to the opposition leaders not to boycott the polls.

"The opposition parties have a right to cast anti-Musharraf vote during the presidential elections, but they should not boycott the presidential polls," The News quoted Hussain, as saying.

ANI