Musharraf8217;s continuation as Army Chief under scrutiny

Defence lawyer Hamid Khan, representing Jamate Islami, while focussing his arguments on Musharraf8217;s career in the army, said that Musharraf has already attained the age of 60 on August 10, 2003 and the maximum age limit for a general is 60 years under Pakistan Army Regulation Act.

8220;When the service is completed one must look towards the relevant law and according to service period of 35 years, Musharraf stands retired in 1999,8221; Khan said.

Justice Faqir Muhammad Khokhar, who was part of the bench, said 8220;the post of the Chief of the Army Staff is a constitutional office and not governed by the Army Act8221;.

Khan argued that Musharraf is not eligible to file his nomination papers for Presidential elections expected to be held shortly.

8220;He has already served for two consecutive terms,8221; he said.

8220;But Chief of the Army Staff is not a rank, it is constitutional office and you have to keep in mind,8221; Justice Khokhar said.

Khan argued that the General has violated his oath of not taking part in the politics as a soldier and then broke the pledge made before the nation to put off his uniform by December 31, 2004.

He said President Musharraf first assumed the office by removing Rafiq Tarar and than he became president for the second term after holding a referendum.

8220;Therefore, the re-election is for the third time and not for the second time,8221; he argued.

Khan said that in the Presidential oath, it was stated that President should not take part in political activities.

8220;General Musharraf wants to contest the election and he is offering himself as a candidate for the President,8221; Khan said.

He also pointed to the constitutional amendments made by Musahrraf in December 2004 as a result of a deal with Muttahida Majlis-i-Amal MMA.

8220;It means that you have selected an extra Constitutional act yourself,8221; Justice Javed Iqbal observed.

8220;This was a political agreement that led to 17th Amendment,8221; Justice Khokhar said.

He said that the Act of Parliament 2004 be declared as mala-fide and unconstitutional. He said the President8217;s holding another office is even ultra vires of the Constitution.

8220;It is the fundamental right of the people to ensure that the Constitution is not being violated. What was the need of making this amendment in the Constitution. General Musharraf is not father of the nation,8221; Khan argued.

He said that laws are made for attributes and not for individuals. He also requested the Supreme Court to make Chief Election Commissioner a party in the petition challenging the dual offices of the President.

Khan said he has also filed an application on behalf of cricketer turned politician Imran Khan requesting the court to strike down the amendment made in President Election Rules 1988 through notification of the Election Commission issued on September 10.