Musharraf’s counsel said the tribunal had disqualified him on the basis of allegations, which was against the norms of justice. DESIGN: FAIZAN DAWOOD
The question of whether General (retired) Pervez Musharraf should be allowed to contest the elections is a serious one as it does not merely concern a default on water or electricity bills, but the abrogation of the Constitution of Pakistan.
This was the observation of Justice Mansoor Ali Shah during Thursday’s hearing of the former president and army chief’s petition challenging an election tribunal’s decision to bar him from the polls at NA-139, Kasur, on the grounds that he did not meet the requirements for parliamentarians set in Articles 62 and 63 of the Constitution. The case has come up before a full bench of the Lahore High Court.
Musharraf’s counsel responded to Justice Shah’s remarks, stating that the Sindh High Court had used the term ‘abrogation’ of the Constitution only once in its judgement, so it could have been “a slip of the pen”, and hence the full bench should not give too much weight to the term. Justice Ijazul Ahsan said that the single world in the judgment was important. The bench put off the hearing till Monday.
The petitioner’s counsel said that Musharraf had not been convicted by any court of law. The tribunal had disqualified him on the basis of allegations, which was against the norms of justice. He asked the court to overturn the tribunal’s ruling and allow him to contest the elections.
Published in The Express Tribune, May 3rd, 2013.
COMMENTS (11)
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Is it possible to implement the artical 6 of the constitution wd its claw no 2 which says that all of those who help support martal law like N A sanet army's core commanders air & navel chief, judges,politicians, shall be held responsble as par law wd max, punishment of death sentence, has any one that much courage to bring all those in court including present army chif as well
Judiciary is totally biased. How come SC can order cleansing of Karachi while prosecute Musharaff for doing the same in Lal Masjid?
I think it speaks volmue about the patriotism of Musharraf when an Indian (@Depak) want him to be in jail. Our enemies would like to see judges, lawyers, politicians free to destroy Pakistan and want to see ex army man in jail as he is the true enemy of India.
Will justice will be served same as Sharif’s
@Dipak:
Keep dreaming. Sorry all dreams does not come true.
As far as abrogation of constitution is concerned, honourable judges are equal partners in this crime. Justice Munir, Justice Anwar-ul Haq, Justice Irshad Hasan Khan and present honorable CJ, all gave judicial backing and support to the abrogation of consitution by military generals. Honourable judiciary should allow the nation to give its verdict about mushraff by his election or rejection and should not bar him on the flimzy ground that he does not qualify himself for artilce 62 and 63 'kunkey is hamam mein to sub hey nangey hain'' and judges are no exception in this crime.
The rule of common law has been circumvented for Mr Musharraf. Unfortunately for him, it's guilty until proven innocent. And he will not been given that chance by the people presently called judges.
Biased judiciary. All the criminals and looters are in the election race, while an honest man has disqulified.
@Dipak: Musharaf is a brave Commando and he did his best to conquer Kargil and pushing lethargic Indian forces away.
Had our then PM Nawaz Sharif shown some bravery, courage and guts, we would have marched to Kashmir as well which is the only bone of contention between India and Pakistan for a lasting peace in this region.
Nawaz Sharif claims that he had detonated Nuclear Bomb (though main efforts were from Z.A Bhutto and his team to make it) but NS forgot at that particular time we should have put more pressure on India on this issue because of our atomic capability and mainly because of UN resolution on Kashmir issue.
I wish Imran Khan would fulfill this dream after coming to power.
Regards Dr. Saleem Siddiqi
Innocent, unless proved otherwise .
Musharaf, the failed man of Kargil, should never have come back except after his death for his burial. Now he can spend rest of his life in prison.