President can retain both offices after 2007: Afgan
ISLAMABAD—Federal Minister for Parliamentary Affairs, Dr. Sher Afgan
Niazi observed Wednesday that under the constitution, President General
Pervez Musharraf is not bond to take off his uniform till 2007. If
Musharraf wanted, to keep both the offices, he could it after the date.
“President Musharraf can keep the office of Chief of the Army Staff till
2007 under the law and the constitution and he is not bound to take off
his uniform till 2007,he said adding he can keep the office after the
date if he desired”, Afgan told in an interview to a private channel. He
was responding to the statement of the imminent lawyer and Pakistan
Muslim League Senator, S.M Zafar who had stated that Musharraf was bond
to shed his uniform till 2007 and could keep only one office after the
promised date.
Zafar was one of the members of the committee constituted to hammer out
the issue regarding the Legal Frame Work (LFO), had also stated that if
the LFO issue had not resolved through an understanding, Musharraf would
have been removed his uniform in November 28, 2005. Sher Afgan was of
the view that under section (1) and (2) of Article 44 of the
constitution the president can keep both the office until the election
to the office of the president till next term.
“Under section 7, Paragraph B, article 42 of the constitution president
can be elected for another term of five year”, he elaborated. Similarly,
he said section 1, Paragraph B of the article 63 and section 7 of
article 41, gave protection to the president from being ineligible for
possessing two offices.
Rejecting the assertions of, S M Zafar, the Minister said President
could keep both the office as long as he wished. Senator S M Zafar has
said that the President has constitutional compulsion to take off his
uniform by 2007 and he has shown his inclination to uphold the
constitution in this regard.
He said had the parliament not passed the Legal Framework Order (LFO),
he would have taken off his uniform by now (Nov 28).
He said in a statement there is no compulsion in the constitution and
law for the President to take off his uniform by 2007.
He said on the contrary, the constitutional protects, permits and
facilitates him to continue to hold office till his re-election in terms
of proviso to clause (1) of Article 44 of the constitution and clause
(2) of the same article that makes the President eligible for
re-election to the office of the President for second term.
He said Paragraph (b) of the clause (7) Article 41 permits assumption of
office for a second term of five years after receiving the mandate in
any election from the Electoral College comprising of National Assembly,
senate and Provincial Assemblies 2007.
Zafar said in a statement section 2 of the Act No VII of 2004 enables
the President to hold the office of chief of Army staff without being
disqualified as provided under paragraph (d) of clause (1) of Article 63
read with proviso to paragraph (b) of clause (7) of Article 41 of the
constitution fo the Islamic Republic of Pakistan or any other law for
the time being in force or any judgment of any court or tribunal.
The President General Pervez Musharraf being the present holder of the
office of President, the provision contained in the proviso to section 2
is valid for him as long as he continues to be in the office, he said.
—INP/Online |
