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Musharraf`s Presidential Election challenged in SC

28 August, 2007

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ISLAMABAD: The Presidential election of General Pervez Musharraf to be held in next September has been challenged in the Supreme Court (SC).

The constitutional petition challenging the presidential elections has been filed by Central Chairman of Communist Party of Pakistan, Engineer Jameel Ahmed Malik under Article 184(3). The petitioner has taken the stance in his petition that General Pervez Musharraf under Article 244, 25, 43(1), 44 (2), D, K(1)63, 0, 63(1)  of the constitution is not eligible to contest the Presidential Election.

The petitioner while referring to a verdict of  five members bench of the Supreme Court in the case of Engineer Jamil Ahmad Malik versus Pakistan etc published under 164 SCMR, pleaded that SC  had already ruled that that no government employee could contest the elections. This decision also applies to President General Pervez Musharraf, as he is too a  government employee, he argued.  Army Act 1952 is also applicable to him, he submitted.

He prayed the Court to issue directives to the Chief Election Commissioner who would perform  the duties of  the returning officer in the Presidential Elections to issue the stay order when president general Pervez Musharraf would file nomination paper for presidential election till such time his constitutional petition is decided by  the Supreme Court. 

Engineer Jameel Ahmed Malik further said that the Supreme Court had not given the permission in any way to Pervez Musharraf to stay in uniform till December 31, 2007 and the government misinterpreted the 17th constitutional amendment made in 2005 and decision on uniform bill. This interpretation is being made deliberately by general Pervez Musharraf and his government, he pleaded. 

The petitioner has made General Pervez Musharraf, Federation of Pakistan and Chief Election Commission respondents.  

Reader Comments:

Musharraf might get a fig leaf at the end

Musharraf had imagined it was all a bed of roses. "Ab qismat usay tigni ka nach nacha rahi hay." What a slippery slope! There is a lesson for all whom God has blessed with “Hikmat” to learn in this episode. The constitution is made for man; not man for constitution. Let the judiciary sink in the reality that the sovereignty rests with the people and it is an insult to call them “kuchlay huway awam/”. Somebody someday have to clean the stables. A Quaid-e-Azam like reception and honour is waiting for a man who is larger than life to emerge and to pull off the nation out of the ashes. Sir Syed Ahmad Khan was such a blockbuster who did it in 1857. The media has a duty to look in, what the Quaid-e-Azam used to do, in all the nook and corners. Here is a verse in the noble Qur’an:
‘but as for those who strive hard in Our cause We shall most certainly guide them onto paths that lead unto us: for, behold God is indeed with the doers of good deeds”. (29/69).

Sher Mohammad, Pakistan - 29 August, 2007

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