Proposers, seconders of Army Chief liable to a 10-year jail term: Aitzaz

Parliamentarians who propose and second the nomination of an Army Chief for the presidential election are liable for 10 years imprisonment under the Pakistan Penal Code, Chaudhry Aitzaz Ahsan told the Supreme Court in his capacity as Amicus Curiae, or friend of the court.

Islamabad, Sep 27 : Parliamentarians who propose and second the nomination of an Army Chief for the presidential election are liable for 10 years imprisonment under the Pakistan Penal Code, Chaudhry Aitzaz Ahsan told the Supreme Court in his capacity as Amicus Curiae, or 'friend of the court'.

Ahsan told a nine-member SC bench that no army officer could run for the office of President, since it was political in nature.

The bench is hearing petitions challenging President Pervez Musharraf's position as President and Army Chief and his eligibility to be a candidate in the next presidential election.

Ahsan said there is a Constitutional "firewall" around the Chief of Army Staff (COAS), even under the amended Constitution.

He submitted that the government counsel had argued that impediments in the way of the President becoming Army Chief had been removed through the 17th Amendment and the two offices Bill, but "impediments" in the way of the COAS becoming President were still in place.

According to the two offices Bill, the President can stand for re-election, but the COAS cannot, he said.

He questioned how a presidential candidate could assume the office after winning the election when he is not qualified for the post at the time of submission of nomination papers.

"Can a non-Muslim file valid nomination papers promising to convert to Islam if elected? Can the Chief Election Commissioner, for that matter, stand for election on a promise that he would resign from government service if elected?" Ahsan asked.

He said the President had to perform some political functions according to Articles 48(2), 48(6), 58(2b), 90(2a)(5), 112(2) and 56(b) of the Constitution. Hence, he said, the President's office is political in nature though the President must be non-partisan.

Ahsan submitted that Musharraf had secured Constitutional and legal cover to continue with the two offices till November 15, but he is not qualified to run for another term as President.

Justice Nawaz Abbasi remarked that Ahsan was made a friend of the court to remove difficulties, not to create them, the Daily Times reported.

Pakistan's Supreme Court will today hear the Constitutional petitions against the president's dual offices.

ANI