Presidential qualms

Musharraf: Excuse me, Chief Justice, you know I am not a general any more. I shed my uniform yesterday. Everyone knows it, even Bush.

Dogar: Sorry Pervez. It’s a bad habit. We’re so used to calling you general.

Musharraf: Distinguished guests, and the world, so let’s get on with it.

Dogar: But, Pervez, I must tell you there’s a legal hitch in swearing you in.

Musharraf: What! What hitch can there be when I have sacked Iftikhar Chaudhry and made you the Chief Justice?

Dogar: You see, Pervez, I cannot swear you in by the oath required under our constitution, as you will have to swear to “preserve, protect and defend” it. This would be very odd.

Musharraf: Why?

Dogar: Because on November 3, you as army chief suspended the constitution.

Musharraf: You know full well I had to do that to foil the conspiracy of some of your brother judges.

Dogar: I know, I know! But it will seem very funny to swear you by a constitution that you’ve got rid of.

Musharraf: Of all the persons, you are now raising silly legal obstacles.

Dogar: You know, I myself had to take a different oath. I had to swear, “I will discharge my functions to the best of my abilities in accordance with the proclamation of emergency.”

Musharraf: I cannot take an oath of office to protect my own emergency. That will be even more silly.

Dogar: I agree, but you know how difficult lawyers are these days. They’ll challenge your oath in my court.

Musharraf: Don’t worry. I have disciplined them. Aitzaz Ahsan and others are under house arrest.

Dogar: But, Pervez, the constitution does not allow you to be sworn in as president until you restore it.

Musharraf: O come on, Dogar, what’s a constitution between friends?

It was only after this exchange that Dogar administered the oath of office to Musharraf prescribed by Article 42 and the Third Schedule of the Constitution of the Islamic Republic of Pakistan, 1973.

The writer is a senior advocate, Supreme Court