LAHORE, Aug 3: What will happen in case the Supreme Court of Pakistan disqualifies President Musharraf to seek re-election, or disallows him to retain military uniform beyond his current term?
The ruling PML and the opposition parties have not as yet visualized such a situation, and are not clear what they would do.
The PML insists that since the apex court is working for the supremacy of the Constitution, it is not expected to give any verdict that is repugnant to the basic law.
However, various political leaders say that the ruling party will be dealt a ‘fatal blow’ in case the Supreme Court came up with such a verdict. They think that the PML’s position will weaken substantially even if the court asked the general to step down as army chief on the completion of his current term.
But the PML doesn’t share this view.
“It’s an imaginary fear. It may be a very good academic question, but not an issue to which a pragmatic answer could be offered”, said Senator Dr Khalid Ranjha, a former minister for law.
The Supreme Court, he said, was “pillar of the state, and is not expected to play a role that destabilizes the country”.
President Musharraf, the PML lawmaker said, was qualified to go for another term. “At the time of his election, one has to see his qualification, not disqualification.”
He insists that the term of Gen Musharraf as army chief coextends with his term as president. “It is President Musharraf who has to remove Gen Musharraf as army chief”.
Parliamentary Affairs Minister Dr Sher Afgan Niazi says after his election as president for the first term, President Musharraf automatically becomes qualified for the second term.
When Gen Musharraf was elected president, he was also holding the office of the army chief. His election, along with many other things, was given protection under the Legal Framework Order, duly approved by the parliament.
All disqualifications for the office of the president were waived till Nov 15, 2007, and would become operative thereafter, he said.
The minister said the election of the president would be completed between Sept 15 and Oct 15, because of which Gen Musharraf would not be affected.
In his opinion, the situation with regard to election in uniform will change if the presidential election is held after Nov 15.
PPP Senator Mian Raza Rabbani said if the apex court disqualified Gen Musharraf for the presidential election, a mechanism provided in the Constitution would come into play. “I don’t see any crisis. Rather it will ease the political atmosphere to a great extent”.
Answering a question, he said if Gen Musharraf tried to seek a fresh mandate from the existing assemblies, the PPP would oppose it tooth and nail. The PPP, he said, would not put up its candidate against Gen Musharraf as such a step would amount to according legitimacy to the whole process.
But, he said, if Gen Musharraf did not contest, the party would decide whether to put up its candidate or support somebody else. There was no dearth of candidates for the post, he said.
Raza Rabbani said his party had not discussed the issue of presidential elections because it was focusing on updated electoral rolls and formation of an interim government that could hold free and fair elections.
Leader of the opposition in the National Assembly Maulana Fazlur Rehman said so far the MMA had not seriously discussed as to what would happen in case the Supreme Court disqualified Gen Musharraf for a second term.
He said in case the general sought re-election from the existing assemblies, the majority of the votes would not be with the opposition. Still, he said, the opposition could put up its candidate against him.
The MMA leader said some people had already moved the courts, which had become proactive after giving a judgment against the presidential reference. The establishment was worried because the judiciary had already given a verdict against Gen Musharraf.
PML-N Chairman Raja Zafarul Haq said his party would take any decision about the presidential election after the return home of Mian Nawaz Sharif.
He said a petition for his return had already been filed and the Supreme Court was expected to decide it soon.
He said the PML-N would consult other parties as a situation created as a result of the Supreme Court judgment would not be easy for any single party to handle.
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