SC issues notices to AG, others against acceptance of Musharraf’s nomination papers

ISLAMABAD—Supreme Court has issued notices to Attorney General (AG) and other respondents in constitutional petitions filed by Makhdoom Amin Fahim, Justice (Retd) Wajih ud Din and Rehan Butt, counsel of civil society against the eligibility of president Musharraf and acceptance of his nomination papers by the Election Commission (EC) for his re-election and adjourned the hearing till today.
Following the refusal of justice Sardar Raza Muhammad Khan to become part of 9-member larger bench of SC constituted by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, a new 8-member larger bench headed by justice Javed Iqbal was set up to hear the constitutional petitions.
Hamid Khan counsel of justice (r) Wajih ud Din giving the arguments said Chief Election Commissioner (CEC) has made unconstitutional amendments to give relief to the president general Pervez Musharraf. Out of six presidential candidates, 5 are civilians while general Musharraf holds the post of army chief. This is matter of vital public interest and the fundamental rights of the civilian candidates have been affected due to participation of army chief general Musharraf in the presidential polls. The office of president is impartial and the president can not participate in any political activity. But the incumbent president had become president of political party as he was addressing public meetings openly, he contended.
He further argued the term of current assemblies is going to expire and they can not re-elect president for the next term. General Musharraf has been elected president for two terms earlier and he can not be re-elected for the third term, he contended. Therefore, notices be issued to all respondents and acceptance of nomination papers of general Pervez Musharraf by the CEC be stayed, he prayed.
Senator Sardar Latif Khosa counsel of Makhdoom Amin Fahim argued general Musharraf was not qualified to become president being in the capacity of army chief. This is matter of vital significance. The present assemblies are not powerful and their term is going to expire.
He further submitted, “ We challenged the eligibility of general Musharraf for re-election before the EC with objections. But our stance was not heard there, he added. The apex court should issue notices to the respondents besides staying the acceptance of nomination papers of general Pervez Musharraf.
Civil society counsel, Reehan Butt pleaded army chief can not contest presidential election The 8-member larger bench of SC headed by justice Javed Iqbal, justice was comprising justice Abdul Hamid Dogar, justice Muhammad Nawaz Abbasi, justice Faqir Muhammad Khokhar, justice Nasir ul Mulk, justice Raja Fayyaz Ahmad, justice Syed Jamshed and justice Ghulam Rabbani.
The larger bench while citing to article 62, 63 (2), 41(2), 44 and rules 88 remarked that the petitioners have raised questions of vital public importance which need to be interpreted, therefore, notices are issued to attorney general of Pakistan and other respondents. The hearing was adjourned till today.—Online