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Pak Supreme Court clears road for Mush’s run for President

New Delhi, Sat, 29 Sep 2007 NI Wire

Newstrack India

SEP 29: Pakistan Supreme Court on Friday gave clear signal to President Pervez Musharraf to run for president poll with his uniform. Also the court clear Musharraf’s run for holding both president and army chief.

Musharraf moves ahead with a clear verdict of 6-3 in a nine member bench headed by Justice Rana Bhagwan Das questioning the right of Mush of contesting election while being the army chief. Opposition party had opposed Musharraf’s intention of a reelection for another 5 years term while retaining the post of army chief. 

The Supreme Court’s judgement in favour of Musharraf came as a surprise to opposition and also the community of lawyers. After the suspense and then the reinstatement of Chief Justice Iftikar Chaudhry and the Lal Masjid episode it was believed that the judiciary may take unfavorable decission against Musharraf.

It certainly comes as a respite to the general as there is much internal and international pressure over his dictator rule especially after former Prime Minister Nawaz Sharif’s forcefully deportation.

Musharraf had filed nomination for Oct 06 election on Thursday but all opposition parties except Benazir Bhutto’s Pakistan People’s Party (PPP) are also planning to boycott election. Pakistan opposition lawyers have also condemned the recent judgement of SC.

Pervez Musharraf has already served the highest post for two complete terms since he took over power after the 1999 coup. Opposition had demanded to cancel his nomination as he holds the position of army chief. According to them it is unconstitutional as Article 63 clearly states that any government servant can not contest election in National Assembly.

Meanwhile, though no power sharing deal has in place between Musharraf and Bhutto, the Pakistan People’s Party has accepted the decission and ready to challenge the General in election.

The next step for the opposition is to file objection in the Election Commission. As per the views of political analysts such verdict does not represent an independent judiciary. Again Gen. Musharraf’s decission to leave his uniform if he gets re-elected and if not will be the head of the army also questions his legitimacy.

Though lawyers had decided to field their own candidate but they may file petition in SC citing the validity of Article 63 k of constitution if the election commission rejects their petition. Under such circumstances the chief justice may go for another hearing but from now onwards it seems a clear cut collision between judiciary supremacy and executive.


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