By IANS
Islamabad : The Pakistani Supreme Court is unlikely to deliver its verdict Friday on a petition challenging President Pervez Musharraf’s eligibility for a second term in office but this might not affect his continuance – thanks to a constitutional technicality.
“Even if Musharraf crossed the expiry date of his presidential term, he will not be affected as article 44 of the constitution says the president shall, notwithstanding the expiration of his terms, continue to hold office until his successor enters office,” The News Thursday quoted a government attorney as saying.
On Wednesday, judge Javed Iqbal, who heads the 11-member bench that is hearing the pleas against Musharraf, repeatedly hinted at the possibility of a judgement being delayed beyond Friday – as was previously expected – because of the prolonged arguments of lawyers of the two sides.
Attorney General Malik Qayyum will take all of Thursday to argue in favour of the president. Federal government counsel Wasim Sajjad and Sharifuddin Pirzada, appearing for Musharraf, will take at least one day each – meaning Friday and another day. After that, Aitzaz Ahsan, the counsel for the petitioners, will reply to their arguments.
The bench will not sit the whole of next week because one of its members, judge Raja Fayyaz, has taken leave due to his daughter’s wedding. This means that after Friday, the apex court would resume hearing the petitions Nov 12. Musharraf’s term expires Nov 14.
Lawyers of both sides agree on at least one interpretation of the constitution.
“At the most, Musharraf will hold his present civilian office till his successor is nominated if the apex court reserves its ruling,” Hamid Khan, a lawyer opposing Musharraf, told The News.
Expressing a similar view, a government attorney said Musharraf’s presidency would not be affected even if the court reserved its verdict on the petitions against him.
“The government lawyer said in the present case, Musharraf would be his own successor because he would be assuming the office for the second term at the end of his first one,” the newspaper reported.
The Supreme Court had on Oct 5 permitted the presidential election to be held the next day but ruled that the results would not be announced till its verdict on the petitions against Musharraf.
Musharraf has pledged to the Supreme Court in writing that if re-elected as president, he would relinquish the army chief’s post before taking oath as head of state.
“Keeping this in view, his position as army chief will remain unaffected if the judgement is reserved on the present petitions,” The News pointed out.