Pak SC strikes down Gen’s law on trounced candidates

The judgement was in response to 25 petitions filed by defeated candidates some of whom included the members of the pro-government political parties.

The apex court’s ruling assumed significance as it is the first judgement of its kind to disprove any act of Musharraf during his three-year long military rule. The Supreme Court had validated the military take over on October 12, 1999 on the basis of the doctrine of necessity.

The government had defended the legislation brought in by it, saying that President Musharraf was empowered by the Supreme Court to prescribe any qualification or disqualification for members of Parliament.

The law struck down by court yesterday was part of the Legal Framework Order (LFO) brought in by Musharraf weeks before the last October general elections which stipulated stiff rules and regulations to the politicians to contest the polls. The LFO, which the government subsequently claimed to be part of the Pakistani Constitution, also barred top politicians of the country, including former prime ministers Benazir Bhutto and Nawaz Sharif from contesting the polls on the grounds that they were convicted by courts.

The Supreme Court, however, has not yet taken up the larger issue of the legality of LFO so far. The LFO legalised last year’s controversial referendum that gave a five-year term to Musharraf as President and vested powers in him to dismiss the Parliament. It was rejected by mainstream political parties whose elected members also refused to take oath under its provisions in the National Assembly.

While it would be too early to presume that the Supreme Court, in the coming weeks and months, could take a proactive stand against the LFO, legal circles here attribute considerable amount of significance to yesterday’s judgement as it was seen as first judicial descent against the amendments brought in by Musharraf.

Besides the political parties, the LFO was strongly opposed by Pakistan’s lawyers community in general, which included the Supreme Court Bar Association. (PTI)