17th amend changed structure of Constitution: SC
By Saad Saud

ISLAMABAD—Supreme Court has remarked 17th amendment is a power sharing deal which has changed the basic structure of the constitution. These remarks were given by Justice Javed Iqbal while presiding over a 11-member SC bench hearing a set of constitutional petitions filed against the acceptance of nomination papers of president Musharraf by election commission for presidential elections.
At the inception of hearing Aitzaz Ahsan counsel for presidential candidate Justice (Retd) Wajih ud Din Ahmad argued punishment for violation of the constitution would be awarded under article 6 of treason. Violators of article 243, 244 and 245 will be held accountable under article 6, he submitted. Justice Khokhar inquired from Aitzaz under what law the breakers of the constitution would be punished. Aitzaz said the constitution will have to be violated for allowing general Musharraf to contest presidential elections and its punishment will be given under article, 6.
Justice Khokhar questioned whether those who cast vote will also be punished. Aitzaz said to his opinion they will also be liable to punishment. Article 6 is meant for only army chief. Justice Ramday observed “ you should explain the political activities and tell as to how chief of arm staff can not participate in political activities. Aitzaz said constitution and army act both prevent him from doing so. The concession given by 17th amendment to the president would be no more available to him after November, 16.
Citing to various sections of army act he said post of president is a political post and army officer is not permitted to take part in political activities. On the other hand whosoever provokes him so will be rendered liable to life term . Justice Javed Iqbal observed it was beyond any doubt that office of the president is a political office. If there was a slightest ambiguity in this respect, 8th amendment has eliminated it, he further observed.
When the court resumed hearing after interval the Attorney General (AG) Malik Qayyum diverted the attention of the court to formulation presented by Aitzaz Ahsan saying the learned counsel would not be able to wind up his arguments even within two months under this formulation. Justice Javed Iqbal court will decide this case during the next week at every cost.
Malik Qayyum said other lawyers have to give arguments in this case and the whole nations is in quandary. Therefore the case be decided earlier, he prayed. Justice Javed Iqbal remarked “ we would not allow the case to prolong for indefinite period. He asked Aitzaz to complete his arguments before Thursday.
Continuing his arguments, Aitzaz said those who provoke the president to indulge in political activities are liable to punishment for life term under section 131 of penal code. Nomination papers of president Musharraf had been filed in the capacity of general Musharraf. Prime Minister and others are proposers and they also come under this law. Aitzaz said he had boycotted the presidential elections. Justice Javed Iqbal observed boycotting the election was also a sort of support. Justice Khokhar observed the actual issue now is if president Musharraf is candidate or not. Aitzaz said the same is my case.