Imran moves SC challenging Musharraf's holding dual posts

Islamabd, Aug 30 (UNI) Pakistan Tehrik-e-Insaf (PTI) Chairman Imran Khan has moved the Supreme Court challenging President Pervez Musharraf holding dual posts of Army chief and head of state, and appealed that the General be refrained from contesting the presidential elections, a media report said here today.

President Musharraf, the Daily Times reported, had violated the Constitution by holding two offices and his assumption of office of the president on the basis of the April 30, 2002 referendum was also unconstitutional, the Pakistani cricketer-turned -politician said.

In his petition, the PTI chief contended that President Musharraf could not continue to hold the office of Chief of Army Staff (COAS) as his term in office had finished in October 2001 and he had attained the age of superannuation on August 10, 2003. The President stands disqualified under Article 63-1d of the Constitution on December 31, 2004, he added.

President Musharraf was under constitutional obligation to resign as the COAS on or before December 31, 2004 under the 17th Constitutional Amendment, the PTI Chairman said.

Moreover, he said, the statute called President to Hold Another Office Act of 2004 went against the Constitution.

It was a law made for one person alone and was unreasonable, thus not sustainable under the equality and equal protection clauses of Article 25 of the Constitution, he added.

Mr Khan appealed to the Court that the President be told to show under what authority of law and the Constitution he claims to hold the office of COAS after the conditions mentioned above.

UNI