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SC hearing of constitutional petitions challenging Musharraf’s candidacy
ISLAMABAD: Supreme Court larger bench Thursday hearing the constitutional petitions challenging the candidature of General Musharraf for contesting the election for the office of the president.
Justice Javed Iqbal is the head of the 11-member larger bench of the apex court hearing the case. Chaudhry Aitzaz Ahsan, the counsel for Justice (retd) Wajihuddin Ahmed, is giving his arguments.
Justice Khalilur Rehman Ramday on Wednesday observed that taking oath under the Provisional Constitutional Order (PCO) was nothing to be ashamed of, saying that since 1977 everything was being governed under the 1973 Constitution despite the imposition of martial laws.
Arguing before the larger bench of the Supreme Court, when Chaudhry Aitzaz Ahsan, said he didn’t want to read out the oath taken by the judges of the apex court under the PCO, Justice Ramday replied that taking oath under the PCO was not a shameful act.
Justice Khalilur Rehman remarked that the Constitution had been made a joke and everyone used it according to one own’s interpretation. He elaborated that judges took oath under the PCO and were still working under that oath, so there was no question of supra-constitutional measures.
“If the judges are working under the oath taken under the PCO and not under the Constitution, would they be considered as impostors in the court?” Justice Ramday questioned. He said the fact was that everything was being governed under the Constitution of 1973 since its inception and all happenings since 1977 were just verbal jugglery of words.
Aitzaz Ahsan submitted that General Pervez Musharraf had already completed his two terms as the president and, under the Constitution, he could not be qualified for the third term in this office. He said General Musharraf took his first oath on June 21, 2001 after removing President Rafique Tarar and took his second oath on November 16, 2002, by virtue of referendum and later on validated by the Parliament under the 17th Amendment. He said that his second tenure would expire on November 15 this year.
Aitzaz contended the 17th Amendment did not mention the candidature of General Pervez Musharraf for the next term, rather it only allowed him to hold two offices up to December 31, 2004.
He said that the tenure of the present assemblies would expire on November 15 this year and, therefore, they could not elect the president. Aitzaz requested the court to declare the presidential election held on October 6 this year as void.
Aitzaz Ahsan submitted that articles 41/2, 62 and 63 were equally applicable to the election of the president.
Courtesy Geo