The Attorney General for Pakistan has urged the Supreme Court to dismiss Musharraf's appeal against his disqualification by Peshawar High Court, as it is non-maintainable and without merit. In his statement submitted to the Supreme Court, AGP Ashtar Ausaf Tuesday stated that Pervez Musharraf is unable to make a case for the infringement of his fundamental rights that could result in the setting aside Peshawar High Court judgement.
Chief Justice of Pakistan Mian Saqib Nisar on Monday last directed the National Database and Registration Authority to unblock the CNIC and passport of former military ruler General Pervez Musharraf (retd) so he could have no excuse to return to the country.
The apex court on 7th June summoned Musharraf to appear before it on June 13 regarding the Peshawar High Court judgment delivered in 2013 for his lifetime disqualification. The Chief Justice had assured Musharraf that he would not be arrested from the airport to the court premises.
The Peshawar High Court on 30.04.2013 in writ petitions # 1129-P, 1130-P, 1131-P, 1132-P and 1133- P of 2013 disqualified Musharraf from contesting elections to the National Assembly.
The PHC judgment held: "The subversion of the Constitution, as the petitioner (Musharraf) committed, is an act which is punishable under Article 6(2) of the Constitution while under the High Treason Act he is likely to earn the penalty of death."
It also declared that the clear promises made with and undertaking given to the then MMA government that the petitioner would put off his army uniform by the cut off date i.e. December, 2004, were broken by him and he remained in uniform for years thereafter, hence, in view of the broken promises with quick succession at different stages, the petitioner can neither be held to be an "Ameen" nor "Sadiq", therefore, he is liable to be disqualified.
"In our considered view, the petitioner trampled rather crushed the unanimously passed and enacted Constitution of 1973 twice and for the second time when he did so, his illegal actions were not validated by the Parliament, therefore, all such actions taken by him on 3rd November, 2007 and thereafter have attracted un-condonable disqualification for the petitioner for all times to come because the quantum and magnitude of disqualification, the petitioner has earned through such unconstitutional and illegal acts, are continuous, sustained and recurring one and not for one time because the disqualification, now tagged with the petitioner, has become inseparable limb of the petitioner which could not be severed or amputated to remove the stigma of disqualification from the forehead of the petitioner," the PHC judgment added.
It also held that the petitioner (Musharraf) has earned disqualification for all times to come to contest election for the Parliament, Provincial Assemblies, Senate or any public office in Pakistan.
The attorney general contended that the decision of the Peshawar High Court is in consonance the Supreme Court judgments in multitude of cases where the effect of a declaration against an electoral candidate renders him disqualified forever.
In a recent judgment reported as PLD 2018 SC 405, the Supreme Court declared: "For the purposes of electoral qualifications, it has now been settled that the disqualification will persist as long as the decree exists and cannot lapse by any period of time," he stated.
The attorney general said that a fugitive in the eyes of the law has no right to an audience before the courts. He stated that the principles laid down in the case of Chan Shah, were further elaborated in Gul Hassan's case: "If a person is fugitive from justice and is in the state of abscondence, an appeal cannot be filed on his behalf on the basis of a power-of-attorney executed by him before his abscondence and the same would apply to a power of attorney executed during abscondence. He said in the Chan Shah case a fugitive is also a contemnor and farther that he is not entitled to hearing.
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