Petitions challenging Musharraf’s election not maintainable: Qayyum

November 14th, 2007 - 3:04 am ICT by admin  
Concluding his arguments before the apex court’s 11-member bench, Qayyum said the petitioners should have approached the High Court against the EC under Article 190 of the Constitution, instead of the Supreme Court.

He said a petition could be filed in the Supreme Court if it involved a question of public importance under Article 184 (3) with reference to the enforcement of the fundamental rights envisaged in Chapter I of Part II of the Constitution.

Qayyum said that the petitioners had failed to mention the breach of their fundamental rights, as they had not been stopped from contesting the election. He added that a petitioner could not object to someone else’s candidature.

Justice Javed Butter observed that the CEC was bound to give a decision on Musharraf’s candidature according to the law, the Daily Times reported.

He said that access to justice was one of the fundamental rights envisaged in the Constitution and these rights could not be denied in any case.

Justice Khalilur Rehman Ramday and Justice Faqir Khokhar said that Article 184 (3) was not limited to the breach of fundamental rights and it could be invoked in a question of enforcement of fundamental right.

Qayyum said that Musharraf is qualified for his re-election and the 17th Amendment had allowed him to remain in uniform till November 15.

He said that Act 7 of the Parliament regarding the holding of two offices by Musharraf was a legal act and not ultra vires to the Constitution.

Qayyum said that Articles 243, 244 and 245 were irrelevant in this case. He said the president had only one term in office and was competent to seek re-election for a second term from the present Electoral College, which had voted for him “overwhelmingly”. (ANI)

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