Islamabad, Oct 24: Justice Ijaz Ahmed has said that Pervez Musharraf"s statement on giving up his uniform before taking oath as the next President, submitted before the court, was irrelevant.
He further said that the statement proved that Musharraf is the Army Chief and in the light of this statement, his nomination papers could not be accepted.
Justice Ijaz observed that the document (undertaking) "is irrelevant to decide this case because it has no legal sanctity."
He added that this case would be decided on the basis of documents that had been submitted at the time of nomination papers as it involved the issue of candidacy and not other matters.
Justice Javed Iqbal, who is heading the 11-member bench of the Supreme Court seized with the hearing of constitutional petitions challenging the legality of Musharraf"s candidacy, has vowed to decide the issue before the end of next week.
Chaudhry Aitzaz Ahsan, the counsel for Justice (Retd) Wajihuddin Ahmed, continued his arguments before the eleven-member bench of the Court.
During the arguments of Ahsan, Justice Javed Iqbal questioned the legal value of the statement filed by Sharifuddin Pirzada on the behalf of Musharraf wherein he promised to relinquish his uniform if elected for the next term as president.
Ahsan once again insisted that Musharraf was not qualified to run for the October 6 presidential election as being a member of armed forces on the day of filing his nomination papers, thus his candidature was unlawful.
Ahsan also stated that Musharraf abrogated Articles 243, 244 and 245 of the Constitution by contesting election in military uniform, thus he should be punished under Article 6 of Constitution for high treason.
No government servant could take part in politics in any manner, and he could not even discuss politics in his routine discussion, he added.
Ahsan contended that the 17th Amendment had validated Musharraf"s presidency, but it did not validate his candidature in uniform to contest the election for the highest office.
Justice Javed Iqbal said that 17th Amendment was a package of compromises and power-sharing formula that had changed the basic structure of the Constitution.
Ahsan, however, replied that the court must have held these views in Pakistan Lawyers Case. Justice Iqbal said these questions were not raised in that petition.
Ahsan said the armed forces must remain under the control and command of the federal government while the office of the president did not come under the control of the federal government.
Meanwhile, the court adjourned the hearing till Wednesday, The News reported. Presidential candidates Justice (Retd) Wajihuddin Ahmed and PPP President Makhdoom Amin Fahim had challenged the validity of nomination papers of Musharraf by the Chief Election Commissioner for contesting the election for the office of the President held on October 6.