09-26-2007, 12:48 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>President to remain army chief if not re-elected:</b> SC told
link
ISLAMABAD, Sept 25 (PPI) âThe nine-member larger bench of the Supreme Court headed by justice Rana Bhagwandas was informed by Attorney General Malik Mohammad Qayyum on Tuesday that President General Pervez Musharraf will remain the Chief of Army Staff if not re-elected as President for the second term. The bench is hearing a set of identical constitutional petitions against holding of dual offices by President Musharraf and his candidacy for the forthcoming presidential election. Justice Javed Iqbal asked the Attorney General what would happen<b> if General Musharraf was not re-elected as President. Malik Qayyum replied that President Musharraf will remain the Chief of Army Staff till the election of a new President as well as appointment of a new Army Chief by the newly elected President. He submitted that there was no age limit for the retirement of a four- star general under the Army Act.</b> He referred to various decisions of the superior courts in support of his arguments and contended that the courts have validated the actions taken by the then President and Chief Executive. Justice Javed Iqbal observed that the Attorney General was referring to decisions which were given under the doctrine of necessity, which has now been buried. He observed that now no decision would be given by the apex court on the basis of doctrine of necessity. He said the issue before the court was of the 17th Amendment which was passed by the Parliament. Referring to the term of the President, Malik Qayyum contended that the President has completed only one term under the constitution and he intends to be a candidate for the second term. To a court query, regarding rejection of nomination papers filed by other civil servants, Malik Qayyum said the Chief Election Commissioner would be in a position to reject them but he cannot reject the papers filed by President Musharraf under Act-7 of the Parliament that has given him an immunity/protection. . He contended that the petitions were not maintainable because these did not involve enforcement of fundamental rights. He said qualification of a candidate was not a matter of public importance as well as fundamental right. Justice Rana Bhagwandas observed that the apex court was hearing the petitions for the last 10days whereas the Attorney General was still contending that these were not maintainable. He also observed that the petition of Jamaat-e-Islami prima facie was seemed to be maintainable. If the petitioners think that their petitions were maintainable then they should move the High Court under Article 199 of the constitution to seek remedy, the Attorney General argued. His arguments were still continuing when the bench rose to re-assemble on Wednesday. Presidentâs senior counsel Syed Sharifuddin Pirzada will also advance his arguments on Wednesday. (Posted @ 19:55 PST)
<!--QuoteEnd--><!--QuoteEEnd-->
link
ISLAMABAD, Sept 25 (PPI) âThe nine-member larger bench of the Supreme Court headed by justice Rana Bhagwandas was informed by Attorney General Malik Mohammad Qayyum on Tuesday that President General Pervez Musharraf will remain the Chief of Army Staff if not re-elected as President for the second term. The bench is hearing a set of identical constitutional petitions against holding of dual offices by President Musharraf and his candidacy for the forthcoming presidential election. Justice Javed Iqbal asked the Attorney General what would happen<b> if General Musharraf was not re-elected as President. Malik Qayyum replied that President Musharraf will remain the Chief of Army Staff till the election of a new President as well as appointment of a new Army Chief by the newly elected President. He submitted that there was no age limit for the retirement of a four- star general under the Army Act.</b> He referred to various decisions of the superior courts in support of his arguments and contended that the courts have validated the actions taken by the then President and Chief Executive. Justice Javed Iqbal observed that the Attorney General was referring to decisions which were given under the doctrine of necessity, which has now been buried. He observed that now no decision would be given by the apex court on the basis of doctrine of necessity. He said the issue before the court was of the 17th Amendment which was passed by the Parliament. Referring to the term of the President, Malik Qayyum contended that the President has completed only one term under the constitution and he intends to be a candidate for the second term. To a court query, regarding rejection of nomination papers filed by other civil servants, Malik Qayyum said the Chief Election Commissioner would be in a position to reject them but he cannot reject the papers filed by President Musharraf under Act-7 of the Parliament that has given him an immunity/protection. . He contended that the petitions were not maintainable because these did not involve enforcement of fundamental rights. He said qualification of a candidate was not a matter of public importance as well as fundamental right. Justice Rana Bhagwandas observed that the apex court was hearing the petitions for the last 10days whereas the Attorney General was still contending that these were not maintainable. He also observed that the petition of Jamaat-e-Islami prima facie was seemed to be maintainable. If the petitioners think that their petitions were maintainable then they should move the High Court under Article 199 of the constitution to seek remedy, the Attorney General argued. His arguments were still continuing when the bench rose to re-assemble on Wednesday. Presidentâs senior counsel Syed Sharifuddin Pirzada will also advance his arguments on Wednesday. (Posted @ 19:55 PST)
<!--QuoteEnd--><!--QuoteEEnd-->