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The NWFP Assembly on Thursday admitted an adjournment motion to debate on the holding of dual offices of the President and Chief of Army Staff (COAS) by the President General Pervez Musharraf, and declaration of the President on December 30. The adjournment motion was moved by Abdul Akbar Khan of PPP-Parliamentarian who said that holding the dual offices by the President General Pervez Musharraf was unconstitutional and unlawful even after passage of the 17th Amendment Bill from the parliament.
Reading clauses and sections of the constitution, he said that according those Articles 41 and 63 are defining conditions for the President and Member of the National Assembly and, particularly, the position of the governments. He said through passage of the 17th Amendment Bill the parliament has deleted section D of the article dealing with the qualification of the member of the National Assembly.
He said the government had mistakenly amended section D of the article, dealing only with members of the parliament and the article 43, which deals wholly solely with the qualification of the President had been ignored. He said the Article 43 stands for only President that he should not be a government servant. However, he said that no amendment had been made in that particular section.
Hearing the assertions of Akbar Khan, members belonging to PML (Q) and PPP-Sherpao stood up and said that General Pervez Musharraf was a constitutionally elected President of Pakistan and should not be discussed in the house. However, the PPP firebrand, who have come to the house with complete preparation said that he did not recognise Pervez Musharraf as constitutional head of the state.
PML (Q) parliamentary leader Mushtaq Ahmad Ghani said that the provincial assembly is a constitutional institution, where debate is going on against the supreme national institution of the country. He said President Pervez Musharraf had been elected President with the node of the parliament. In this connection, he said that they particularly thankful to MMA.
Parliamentary leader Bashir Ahmad Bilour also supported the contentions of Abdul Akbar Khan, saying that they don't recognised Pervez Musharraf as President of Pakistan. However, he questioned the role of MMA in passage of the 17th Amendment Bill from the parliament. He said the MMA had compromised on just an office of the leader of the opposition in National Assembly. He said the ANP considered Pervez Musharraf unconstitutional president.
PML (Q) Saeed Khan while terming President Pervez Musharraf as constitutional head of the state said the President had dual credibility. He said that first the nation elected him through a referendum and then through provincial assemblies and parliament. He said that those, who had boycotted the election to the post of President, were actually supporting him.
As the Speaker Bakht Jehan Khan asked the response of the house regarding the admission of the adjournment motion members of PML (Q) and few members of PPP-Sherpao staged a walk out of the house to register their protest over the matter. The house admitted the adjournment motion with majority.
Earlier, the house witnessed the same kind of rumpus over the lukewarm attitude of the NWFP Governor Lieutenant General Syed Iftikhar Hussain Shah (Retd) and federal government towards law and order situation in the tribal areas.

Copyright Business Recorder, 2005

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