Petitions challenging Musharraf’s election not maintainable: QayyumNovember 14th, 2007 - 3:04 am ICT by admin
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)
- Apex court notice on Italy's plea for custody of two marines - Apr 23, 2012
- No sovereign immunity for Italian Marines, centre tells SC - Aug 31, 2012
- Apex court notice to government on SIMI ban (Lead) - May 07, 2012
- Plea against Tendulkar's Rajya Sabha nomination dismissed (Lead) - May 14, 2012
- Lahore High Court postpones hearing of petition against Musharraf - Nov 02, 2010
- Ban toxic imports, SC tells government (Lead) - Jul 06, 2012
- Apex court dismisses plea to stay Rajoana's death sentence (Lead) - Mar 30, 2012
- Himachal court strikes down parts of law on conversion - Aug 30, 2012
- Judge recuses herself from hearing plea against doctors strike - Jun 22, 2012
- Pak judiciary not at war with executive: Justice Ramday - Oct 19, 2010
- Bombay High Court to hear suit against petrol price hike - May 28, 2012
- Disabled student challenges IIT's rejection in court - Jun 25, 2012
- LHC seeks Pak govt's reply on petition seeking Musharraf's trial for high treason - Nov 27, 2010
- Apex court clears judge for international court - Apr 26, 2012
- Sindh High Court reserves verdict on Musharraf's high treason trial - Aug 18, 2010
Tags: 17th amendment, apex court, breach, cec, constitution, electoral college, envisaged, fundamental right, fundamental rights, irrelevant, javed, justice, legal act, musharraf, petitioner, rehman, supreme court, ultra vires