Disqualification: Musharraf to challenge decree

Ex-president considers return to active politics

ISLAMABAD:

With the treason case against Pervez Musharraf in a stalemate, the former army chief is thinking of reviving his political career by going to the apex court against the Sindh High Court’s (SHC) order, which bars him from contesting elections.

The SHC had questioned Musharraf’s credentials for invoking emergency rule in 2007 and held that he lacked the qualification to be elected as a legislator. The court had observed that Musharraf could not be called ‘Sadiq’ or ‘Ameen’ under the criteria laid down in articles 62 and 63 of the Constitution.

A close aide to Musharraf told The Express Tribune that the former president was likely to knock the doors of the Supreme Court in the next week and had also engaged the services of a renowned counsel for filing the appeal against the SHC verdict.

A year ago, the federal government had put Musharraf on trial for treason. A three-judge special court led by SHC Chief Justice Faisal Arab is hearing the case. But the government has not been actively pursuing the trial due to which the former army chief is preparing for a comeback in national politics, his party leaders say.

Last month, the SHC issued its detailed judgment on the former army chief’s petition against the rejection of his candidature for a National Assembly seat before the 2013 general elections. The returning officer had rejected the nomination papers of Musharraf for NA-250 on the grounds that the former military ruler suspended the constitution and detained judges, and was liable to be tried.

Musharraf filed an appeal in the election tribunal against the returning officer’s decision. He submitted that he was presumed innocent until proven guilty by a court. The tribunal, however, rejected the appeal and upheld the rejection of his nomination papers. Musharraf then moved the SHC appellate bench through a constitutional petition against the judgment of the election tribunal.

A full bench of the SHC, headed by then chief justice Maqbool Baqar, dismissed Musharraf’s plea. “The person who played with the judicial system and abrogated the constitution cannot be termed righteous,” the judgment reads.

The judges held that Musharraf’s act of imposition of emergency spread fear in the society and insecurity among judicial officers and lawyers. “This shameful act lowered the honour and prestige of the country in the comity of nations,” the verdict read.

Published in The Express Tribune, March 8^th, 2015.