Pak SC to decide on Musharraf’s eligibility case by Friday

November 14th, 2007 - 8:08 am ICT by admin  
An eleven-member bench of the apex court headed by Justice Javed Iqbal resumed the hearing of identical petitions, challenging the candidacy of Musharraf for holding election to the office of the President.

At the start of the hearing, Justice Iqbal directed the Attorney General Malik Qayyum to conclude his arguments today.

Presidential candidates Justice (retired) Wajihuddin Ahmed and PPP President Makhdoom Amin Fahim had challenged the validation of nomination papers of Musharraf by the Chief Election Commissioner for holding election for the office of the President held on October 6 this year.

A K Dogar, counsel for Dr Anwar-ul-Haq, a presidential candidate whose nomination papers were rejected, submitted that the present assemblies cannot elect the President because it is against the democratic norms.

The assemblies are empowered to elect another President in case the sitting one resigns, dies or is impeached, he added.

Dogar said that it is the fundamental and political right of every citizens of this country to participate in the elections. He said democracy means participation.

He said General Pervez Musharraf being the Chief Executive of Pakistan was directed by the Supreme Court in Zafar Ali Shah case to handover all powers to the civilians but he did not comply with the order, therefore, he has ridiculed the judiciary.

He read out the Proclamation of Emergency Order in the court.

Similarly, Dogar argued that the law of necessity does not mean that a person can do whatever he wants, adding that the doctrine of necessity means to protect and save the Constitution rather to destroy it.

Dogar also said that in this country the Parliament is not supreme, but is governed by the Constitution.

Justice Javed Iqbal said that in Pakistan there is neither the parliamentary nor the presidential form of government and “we are lingering between the two systems”. (ANI)

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