In a significant political move for transition to civilian rule in the country, President Pervez Musharraf on Tuesday made a firm commitment in the Supreme Court that "if re-elected as the President, I shall relinquish charge of the office of the Chief of Army Staff".
The President's counsel, Syed Sharifuddin Pirzada, and Attorney General Malik Mohammad Qayyum filed a written statement in the Supreme Court on behalf of President General Pervez Musharraf and the Federal Government, which stated as follows:
1. "If elected for the second term as the President, General Pervez Musharraf shall relinquish charge of the office of the Chief of Army Staff soon after election but before taking oath of Office of the President of Pakistan for the next term.
2. "The nomination paper of General Pervez Musharraf should be scrutinised by the Chief Election Commissioner/Returning Officer independently and in accordance with the law."
A nine-member bench comprising senior Judges of the apex court is hearing several petitions which have challenged holding of dual offices of the President and the Chief of Army Staff by Musharraf. This is the first time that General Musharraf has made this conditional commitment in the court in eight years to put off his uniform.
His present five-year term as President of Pakistan will expire on the November 15, 2007, and under the Constitution, Presidential election is to be completed before October 15, 2007. Meanwhile, the Election Commission is expected to announce the election schedule in a couple of days.
The opposition All Parties Democratic Movement contends that the Constitution does not allow a serving General or a government servant to take part in politics and contest elections. It further argues that since five-year term of the present assemblies is expiring in November 2007, therefore they could elect a President for another five-year term. The election of the President should be left to the new assemblies.
Resuming his arguments on Tuesday, Mohammad Akram Sheikh, counsel for Jamaat-e-Islami, rejected Musharraf's statement to put off his uniform after re-election. He alleged that General Musharraf had broken his agreement with MMA and pledge to the nation in his televised address in 2003 that he would doff his uniform in December 2004.
He contended that earlier General Musharraf had violated his oath as am Army officer that he would not take part in any political activities whatsoever. He argued that a person with such a record of broken pledges could not be trusted and allowed to take part in the presidential election.
Justice Mohammad Nawaz Abbasi reminded the counsel that earlier General Musharraf had not made such a commitment in the court. Akram responded that General Musharraf made a commitment to the nation in 2003 to put off his uniform in December 2004 which was televised nation-wide and heard and read also by the Judges of the Supreme Court.
He also read some paragraphs of Senator S.M. Zafar's book who was part of the government's negotiating team with the MMA for reaching a political agreement and approval of the 17th Constitution amendment which allowed General Musharraf to remain Chief of the Army Staff till end of December 2004. He completed his two-day arguments, and Hamid Khan, counsel for the PTI chief Imran Khan will make his submissions on Wednesday.
The nine-member Bench comprises Justice Bhagwandas, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Falak Sher, Justice Shakirullah Jan and Justice Javed Buttar.
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