Protesters shout slogans against Pervez Musharraf, during a rally in Peshawar, yesterday.
ISLAMABAD: In an ironic turn of events, one former Pakistani dictator Pervez Musharraf’s constitutional chicanery may render another former dictator ineligible to contest the upcoming general election.
Former army chief General Musharraf could face disqualification under Articles 62 and 63 on the grounds that he twice abrogated the 1973 Constitution.
Articles 62 and 63, inserted in the Constitution during Zia-ul- Haq’s regime, list out required criteria for qualification, disqualification, and membership to Parliament, respectively. Factors such as age and citizenship are assessed, as are more subjective points, such as whether a candidate is righteous enough or not.
Further complicating matters is the fact that Musharraf has not yet submitted his nomination papers before the Election Commission of Pakistan (ECP), prompting some legal experts to claim that he may be barred from taking part in the upcoming general elections.
According to the Supreme Court Bar Association President Asrarul Haq Mian it is a fact that Musharraf violated the Constitution and the ECP can certainly raise objections over this and the nomination papers issuel.
Haq said the ECP needs to look no farther than the Sindh High Court Bar judgment of July 31, 2009, which held Musharraf responsible for violating the Constitution.
However, he added that initiating a case of high treason against Musharraf did not fall within the domain of the Supreme Court, and was in fact the responsibility of political forces.
“It is not possible for the Supreme Court to take suo motu notice when the relevant stakeholders are silent,” he said.
Khalid Ranjha, who represented the Pakistan Bar Council in the judicial commission formed to appoint judges in superior courts, also said that no complaint has been lodged against Musharraf under article six, and thus, the ECP cannot stop him from contesting elections on those grounds.
“A person is innocent until proven guilty and Musharraf has not been proven guilty,” he said.
Ranjha also said that it was not possible for political forces and the courts to initiate action against Musharraf for high treason, as he was not alone in the scheme to abrogate the Constitution.
Referring to the limitation of the courts, Ranjha said that only the federal government is authorised to lodge a complaint for high treason and clarified that the courts cannot entertain civil complaints in this regard.
Advocate Salman Akram Raja, who recently served as counsel for retired Air Marshal Asghar Khan in the election rigging case agreed with Ranjha.
But he said Musharraf had twice abrogated the Constitution without providing any legal cover for his violations. Consequently, ECP could stop him from contesting elections.
According to Advocate Ahmad Raza Kasuri, Senior Vice President of Musharraf’s All Pakistan Muslim League, the party had decided to approach the ECP for an extension in the deadline to submit nomination papers. Internews
