LAHORE, March 14: If the new parliament adopts a resolution declaring that the Nov 3 actions are not part of the Constitution, President Musharraf will be left with no option but to have the much-criticised steps validated by a two-thirds majority of the National Assembly and the Senate or face the consequences for violating the basic law, a former president of the Supreme Court Bar Association said here on Friday.

Advocate Akram Sheikh said while talking to Dawn that since the PPP, the PML-N and the Awami National Party had joined hands to form a coalition, there was no possibility of President Musharraf being able to have his admittedly extra-constitutional steps validated. Therefore, he said, the president would have to negotiate a safe exit to escape the consequences of trampling the Constitution.

He said President Musharraf could stay in office only with the support of the parties that had been voted to power. He said if these parties withheld even their tacit support, the edifice of the president would crumble within no time.

In his opinion it would be better for the president to restore the deposed judges before the inaugural session of the National Assembly on March 17 to escape embarrassment. He said the Nov 3 action was taken by Gen Musharraf in his capacity as the army chief which no constitutional functionary was empowered to do.

The verdict of the Feb 18 election was against the extra-constitutional measures taken on Nov 3, Advocate Sheikh said, adding that now the president should bow to the will of the political sovereigns and, by an administrative order, free the detained judges and allow them to perform their judicial duties.

The former SCBA chief said this was an honourable option which would cause the president comparatively less damage and would also avert a collision between the presidency and parliament.

He said in case the parliament adopted a resolution for the reinstatement of the deposed judges, the executive would be duty-bound to enforce it.

As for speculations that a stay order could be obtained against the reinstatement of Justice Iftikhar Muhammad Chaudhry, he said the move did not seem plausible. He hoped that the judiciary would not involve itself in such matters when the parties that had won the polls had no plan to oust the sitting judges. He said these parties had also indicated that they would resolve the issue of subsequent inductees in the judiciary through a process of regularisation as done in the Al-Jihad Trust case.

Opinion

Editorial

Half measures
Updated 14 Dec, 2024

Half measures

The question remains: Were suspects' prolonged detention, subsequent trial, and punishments ever legal in eyes of the law?
Engaging with Kabul
14 Dec, 2024

Engaging with Kabul

WHILE relations with the Afghan Taliban have been testy of late, mainly because of the feeling in Islamabad that the...
Truant ministers
Updated 14 Dec, 2024

Truant ministers

LAWMAKERS from both the opposition and treasury benches have been up in arms about what they see as cabinet...
A political resolution
Updated 13 Dec, 2024

A political resolution

It seems that there has been some belated realisation that a power vacuum has been created at expense of civilian leadership.
High price increases
13 Dec, 2024

High price increases

FISCAL stabilisation prescribed by the IMF can be expensive — for the common people — in more ways than one. ...
Beyond HOTA
13 Dec, 2024

Beyond HOTA

IN a welcome demonstration of HOTA’s oversight role, kidney transplant services have been suspended at...