PHC bench said the retired general was an opportunist and had no respect for the law therefore he could not prove he was eligible to contest elections. DESIGN: FAIZAN DAWOOD
The Peshawar High Court (PHC) has banned former military ruler Gen (retd) Pervez Musharraf from contesting elections for the rest of his life. The All Pakistan Muslim League (APML), the party that Musharraf now leads, said it will challenge the verdict.
A four-member larger bench, headed Chief Justice Dost Muhammad Khan, passed the judgment while hearing Musharraf’s plea against the appellate tribunal’s verdict which disqualified him from contesting the May 11 election from NA-32 (Chitral) on April 16.
The bench, which also comprised Justice Malik Manzoor, Justice Ikramullah and Justice Syed Afsar Shah, declared that Musharraf abrogated the Constitution twice and that a person who has no respect for the Constitution is not fit for contesting the election under Articles 62 and 63 of the Constitution.
The bench directed Parliament to amend Article 6(2) to make it clear that all those – including parliamentarians and executives – obeying a dictator’s orders would lose their offices. Article 6(2) reads: “Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.”
If Parliament did not amend Article 6(2), then the court will give an interpretation which will be applied to any dictator and all those who abet the abrogation of the Constitution and will be liable for trial, the court said.
Musharraf’s counsel, Ahmed Raza Kasuri, argued that the election tribunal laid emphasis to the July 31, 2009 judgment of the Supreme Court when it declared Musharraf’s imposition of emergency on November 3, 2007 illegal and unconstitutional.
He said the judges who passed that verdict had taken oath under the Provisional Constitutional Order and thus were also abettors in the abrogation of the Constitution.
In reply, the PHC bench said the retired general was an opportunist and had no respect for the law therefore he could not prove he was eligible to contest elections.
The petitions are not sustainable in law and are dismissed and [Pervez Musharraf] is hereby disqualified for life from contesting elections for Parliament, provincial assembly or any other slot, said the court in its order.
Separately, the Lahore High Court (LHC) overruled an objection to a petition filed by Musharraf challenging the orders of the returning officer and election tribunal which declared him ineligible to contest the elections from NA-139 (Kasur).
The court directed a full bench of LHC to set May 2 for the hearing after overruling the objection raised by the Registrar’s Office.
During the hearing, Musharraf’s counsel said the tribunal wrongly disqualified his client while relying on mere allegations. He argued that Musharraf had not been convicted by any court and disqualification only on the basis of allegations was against the norms of justice.
APML to challenge verdict
APML General Secretary Dr Muhammad Amjad was circumspect. “We can challenge it,” he told AFP. However, he added that even “if the court [LHC] upholds the disqualification then we will go to the Supreme Court.”
Amjad also said Musharraf has received threats to his life from the outlawed Tehreek-e-Taliban Pakistan and another militant group, Ghazi Force. Dr Amjad, however, said Musharraf was undeterred. “He is a strong man.”
APML stages rally in Chitral
Hundreds of activists of the APML staged a rally to show solidarity with Musharraf in Chitral. The rally participants were led by APML candidate from NA-32 Shehzada Iftikharuddin and PK-89 candidate Shehzada Khalid Pervez. They chanted slogans in favour of the party chief.
Addressing the participants Chitral Polo Ground, the two leaders said that Musharraf had carried out substantial development work in Chitral during his rule and the people would always support him.
Published in The Express Tribune, May 1st, 2013.
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PHC, four member bench understands the constitution and law very clearly. Pakistan People should definitely be greatful for them. All Pakistan People (including the Army men) should definitely be proud of this PHC bench. Now I think you people should start up early and build up a good Pakistan.
The judgement of CJ PHC is itself subversion and violation of the constitution which it wants to uphold.It goes beyond the court's jurisdiction to hurl threats to the Parliament, unnamed people and disqualify Musharraf for life showing personal bias,revengeful conduct and miscarriage of justice as there is no power with courts to disqualify any candidate for life and that too on issues which have already been validated by the SC earlier or in which cases are under investigation / in progress in courts.Not only that, the judgement has usurped the fundamental rights of both Musharraf and people of Chitral with respect to 'freedom of choice' to elect their representative of choice,'freedom of association ' and 'freedom to participate in political activity'. Where should we people go to get justice and our fundamental rights?.
The power made to disown his own solders during Kargil. Now the power lies some where and he is not able to stomach it . Is this called fate?
How many military dictators who were forced to leave have come back to power? Mush has the same chance as Egypt's Mubarak or any other deposed dictator. The sooner he comes out of illusions and delusions the better it is for him and his cronies. Mush is a chapter in tragic history of Pakistani dictators.
Commando did not have a back up strategy. Poor planning. Should have groomed one of his children to take his place.