PESHAWAR, Feb 3: The NWFP Assembly admitted for discussion on Thursday an adjournment motion challenging the claim of Gen Pervez Musharraf of being thepresident of Pakistan.

The motion was tabled by Abdul Akbar Khan of the People's Party Parliamentarians.

Citing a news item published in the national press on Dec 30, he said Gen Musharraf had claimed that after the passage of the 17th Amendment he was the president as well as the army chief and the issue had been settled. The mover observed that Gen Musharraf had made the claim contrary to the constitutional status and democratic norms, and it should be discussed in the house.

According to Article 41 (1), "There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic", but Gen Musharraf was president of only two provinces, Sindh and Punjab, which voted for him. He said the NWFP and Balochistan had not voted for him.

Rifat Orakzai and Mushtaq Ghani of the ruling Pakistan Muslim League said: "Gen Musharraf was the elected president of Pakistan. The people had voted for him during the referendum and later elected assemblies voted for him."

The mover said according to Article 42 (2), he (president) "is qualified to be elected as member of the National Assembly". But, he added, Gen Musharraf did not fulfil this condition.

Mr Akbar Khan said the federal government had got amended Article 42, but Article 43 (1) made the matter clear that "the President shall not hold any office of profit in the service of Pakistan or occupy any position carrying the right to remuneration for the rendering of the service". He said Gen Musharraf had been violating the Constitution since coming into power.

He said Article 63 (d and e) barred him (Musharraf) from assuming two offices, but on different occasions Gen Musharraf had made assertions about his constitutional status.

Speaker Bakhat Jehan Khan, who was presiding over the session, allowed Bashir Ahmed Bilour of the Awami National Party to give his opinion on the admissibility of the motion.

Mr Bilour criticized the Muttahida Majlis-i-Amal for bailing out Gen Musharraf by helping to get the 17th Amendment passed. The ANP, he said, was opposed to Gen Musharraf beingpresident with or without uniform.

The treasury benches lent their full support to the mover and voted in favour of the motion. The house admitted the motion for discussion, while the MPAs belonging to the ruling PML and the PPP-S walked out of the House.

The house latter adopted the NWFP Provincial Assembly (Powers, Immunities and Privileges) (Amendment) Bill 2005 tabled by Deputy Speaker Ikramullah Shahid. Earlier, lawmakers criticised the government for its failure to nab Arsal Khan who had kidnapped a girl for ransom and later returned her charred body to her family in Lakki Marwat.

Anwar Kamal Khan of the PML-N, Bashir Bilour, leader of opposition Shahzada Gastasap Khan, Dr Salim and Mian Nisar Gul demanded immediate arrest of the kidnapper, who had been operating in Lakki Marwat since 2003.

Senior Minister Sirajul Haq said the government was fully aware of criminal activits of Arsal Khan and his group, but the man was hiding in the Federally Administered Tribal Areas, a central government jurisdiction.

He said the central government was operating in Fata on the directives of the United States and punishing its own people, but it had failed to flush out Arsal and other absconders.

The PML lawmakers held the NWFP government responsible and defended the central government and its operation against foreign elements. Later, the speaker adjourned the house till Friday.