Dead is buried but no control on soul: SC
By Saad Saud

ISLAMABAD—Supreme Court has asked the lawyers of constitutional petitions to show the court a realistic way out from the prevailing extraordinary situation within legal and constitutional parameters. These remarks were given during the hearing of a set of constitutional petitions by 11-member larger bench of SC questioning the eligibility of general Musharraf for contesting presidential elections and acceptance of his nomination papers by the election commission for his re-election .
Giving the arguments Aitzaz Ahsan counsel for Justice (Retd) Wajih ud Din Ahmad presidential candidate said army chief can not seek a political post. Justice Javed Iqbal who is heading 11-member bench remarked president could retain dual offices under 17th amendment. Aitzaz Ahsan pleaded 17th amendment had not covered article 243, 244 and 245 and army chief could not take part in the politics under these articles. Justice Javed Iqbal once had remarked doctrine of necessity had been buried.
Justice Khalil ur Rehman Ramday observed then as to why you were fighting with the dead. Aitzaz Ahsan said dead are rising again and again. Justice Javed Iqbal remarked dead is buried but we have no control over the spirit. Aitzaz Ahsan said soul goes upward. Justice Khalil ur Rehman Ramday observed it does not go and remains here. Aitzaz Ahsan argued long term interference by the army turns it into political institution.
Justice Ramday observed what will be your reaction if a general says he will doff uniform before taking his oath and a civilian president will come this way. Aitzaz said the SC had given him three years for transfer of power. Justice Ramday remarked that would have been an ideal situation. But what can be done in the prevailing situation so that we could come out form this situation. Aitzaz said this issue would stand resolved automatically if the constitution was implemented fully. Chairman senate should assume the office of president. Senor general is appointed chief of army staff. General elections be held and powers be transferred to the party which wins the elections.
Justice Ramday remarked if the word of general is removed from general Musharraf and he becomes only Mr Pervez Musharraf and he becomes our president this way then what is harm in it. Aitzaz said general Musharraf can not become presidential candidate under the constitution. If court buries martial law then it will stand buried as this institution holds sweeping powers but the lion is not aware of its powers.
Aitzaz submitted this was not the issue that articles 62 and 63 were applicable to the president or otherwise but on the other hand articles 243, 244 and 245 were not applied which imposed restrictions on the president.