Pak SC seeks way out in case of martial law

November 14th, 2007 - 2:43 am ICT by admin  
“This is an extraordinary situation. Be realistic. What is the way out?” asked Justice Khalilur Rehman Ramday.

The 11-member Supreme Court bench resumed the hearing of the petitions challenging the acceptance of Musharraf’s nomination papers after a three-day break.

When Aitzaz asked the court to pronounce its verdict according to the Constitution and aspirations of the people, Justice Javed Iqbal, head of the bench, asked him if he wanted a decision based on the aspirations of the people or a decision based on constitutional provisions.

“What’s the guarantee that whatever decision the court would take will be implemented?” he asked.

Aitzaz said the court had declared that the doctrine of necessity was history, adding that the Constitution opposed the running of an army officer for elections and he would prove it through arguments.

Justice Ramday asked Aitzaz if the court could rule out imposition of martial law. “It will be difficult for me to say that martial law is buried because a full court had ruled in 1988 that martial law had been buried forever, but this was not the case,” he said.

Aitzaz said that the Constitution allowed Musharraf to hold two offices till November 16, but he couldn’t contest elections for the office of President because there was no provision in the 17th Amendment for an Army Chief to participate in the election.

He said that if the court decided against Musharraf, there was a complete process in the Constitution for the transition of power and the Senate chairman should take over as acting President on November 15 and hold the presidential election for the next term.

Aitzaz said there was no room for imposition of martial law and the court should uphold the Constitution.

He said the nation was in a state of civil war and it’s time the court saved the nation by giving a verdict according to the Constitution.

Aitzaz said that Articles 243, 244 and 245 of the Constitution clearly said that no army man could take part in politics.

He said that the Army Act also barred army officers from participating in politics.

He said that Musharraf was not qualified to contest the presidential election the day he had filed his nomination papers, therefore, he could not be declared a lawful candidate for the office, the Daily Times reported. (ANI)

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