ISLAMABAD: Former Chief Justice Saeeduz Zaman Siddiqi has said that President Asif Ali Zardari would be barred from taking part in politics for two years after his term ends in September this year.
He, however, believes the matter will go back to the superior judiciary because the president, who has been active in politics even while in office, would not stay away from the political field once he leaves office.
The former chief justice referred to article 260 of the constitution, which covers the office of the president in the “service of Pakistan”, and according to which like any other civil servant Zardari would have to stay away from political activities for two years after he departs from the presidency.
Article 260, while defining “Service of Pakistan”, exempts several public offices, including those of the prime minister, chief ministers and members of parliament, from this rule. There is no such exception for the president and governors.
According to article 260, “‘Service of Pakistan’ means any service, post or office in connection with the affairs of the federation or of a province, and includes an all-Pakistan service, service in the armed forces and any other service declared to be a Service of Pakistan by or under an act of Majlis-e-Shoora (parliament) or of a provincial assembly, but does not include service as speaker, deputy speaker, chairman, deputy chairman, prime minister, federal minister, minister of state, chief minister, provincial minister, attorney-general, advocate-general, parliamentary secretary, chairman or member of a law commission, chairman or member of the Council of Islamic Ideology, special assistant to the prime minister, adviser to the prime minister, special assistant to chief minister, adviser to a chief minister or member of a house or a provincial assembly.”
Justice Siddiqi said that for the same reason, those in the Service of Pakistan are barred under article 63 of the constitution from contesting elections to the Senate, National Assembly and provincial assemblies.
Article 63(k) disqualifies a person if “he has been in the Service of Pakistan or of any statutory body or any body which is owned or controlled by the government or in which the government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service”.
Additionally, Article 17, which is one of the constitutional articles dealing with fundamental rights, gives every citizen the right to form a political party or become a member of any party except those falling in the category of Service of Pakistan.
Traditionally and constitutionally, the office of the president has been apolitical. Every president from Fazal Elahi Chaudhry to Muhammad Rafique Tarar was made to resign from membership of his party before taking the oath of office of the president.
Zardari has been the only exception, and has been actively participating in politics and running the show of the PPP.
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