SC dispels martial law fears
By Saad Saud

ISLAMABAD—Pakistan’s top court rejected concerns that President Pervez Musharraf would declare martial law if it rules his controversial election victory invalid. The Supreme Court is hearing challenges against his landslide victory in the October 6 presidential election, which was boycotted by most of the opposition.
Musharraf, who seized power in a 1999 coup, cannot claim to have won re-election for another five-year term until the court decides. The general has not ruled out imposing martial law if the judgement goes against him. “These threats have no value for us. This is an issue to be decided in accordance with the law and according to the merits,” Javed Iqbal, the head judge hearing the challenges, told the court. “The case will be decided in 10 to 12 days,” he told the court.
The court started Wednesday hearing petitions against Musharraf’s victory lodged by two candidates in the election who say Musharraf was ineligible to stand while he is still army chief. The court had ruled earlier this month that the election could go ahead but the official result could not be announced until it resolved the challenges. The general has vowed to step down as army chief and become a civilian ruler once his victory is declared official.
His current term finishes on November 15. Musharraf has been at loggerheads with the court since his failed bid in March to sack the chief justice, a move that sparked mass protests and a slump in popularity for the US ally.
PPP central leader Aitzaz Ahsan has said in-service person can not become presidential candidate adding president can not retain post of army chief as presidential office is electoral and political. He said this while talking to the journalists outside Supreme Court (SC) here Thursday.
“During the hearing of the case I have tried to prove before the SC that general Musharraf got himself re-elected in unconstitutional manner as his act of seeking votes from national and provincial assemblies was not correct.”, he held. It is not under consideration of SC that president Musharraf can retain the post of president by staying in uniform till November, 15, he said adding the real issue on the other hand was that if he qualified for this post and his nomination papers be accepted or otherwise. Under the constitution it was mandatory for the presidential candidate that he should meet the requirements of the provisions laid down in the constitution related to this post.
“How it is possible that he gives a written statement “I am Non-Muslim and I will become Muslim after my re-election or my age is below 45 years and I will reach age 45 after re-election. President Musharraf view point that he has two posts and he will doff the uniform after his re-election. It is a wrong logic and he can not be eligible for the presidential election as he was in service government employee. He went on to say that constitution did not allow army chief to become presidential candidate.
Supreme Court (SC) has observed parliament itself has mandated general Musharraf to retain dual offices. These observations were made by justice Javed Iqbal during hearing of clubbed constitutional petitions questioning the legality of acceptance of nomination papers by the Election Commission in respect of general Musharraf for re-election and dual offices case. .
Chaudhry Aitzaz Ahsan, counsel of Justice (Retd) Wajih ud Din Ahmad while giving arguments said the decision of dual offices case has not come yet. “ It would have been easy for me to advance arguments if the detailed verdict had come”, he submitted. Justice Javed Iqbal remarked some judges of this bench were not available.