Pak SC notice on Musharraf's dual-office
Islamabad, Sep 6: The Pakistan Supreme Court has said that President Pervez Musharraf cannot hold two offices after his term as President expires.
The apex court was hearing a petition filed by the Jamaat-e-Islami, challenging the 'President to Hold Another Office Act 2004".
"I think Musharraf cannot hold another office when his term expires and (then) Article 43 would be activated," Justice Justice Faqir Muhammad Khokhar said.
Chief Justice Iftikhar Muhammad Chaudhry"s asked Syed Sharifuddin Pirzada, counsel for Musharraf, to tell the court when the President"s term ends.
Pirzada said that he would seek Musharraf"s instructions before mentioning the date his term ends.
Akram Sheikh, counsel for the petitioner, argued that all Presidents other than Musharraf were elected under Article 41 of the Constitution and that the state was now being run by a "de facto" President.
Sheikh submitted that Musharraf could not hold two offices simultaneously and the relaxation given to him for holding the offices of President and Army Chief under the 17th Amendment had ended on December 31, 2004.
He argued that Act VII of the 'President to Hold Another Office Act 2004", under which Musharraf was allowed to keep both offices beyond December 31, 2004, ran against Article 63(1)(d) of the Constitution.
Sheikh said that person-specific legislation was illegal, and that"s what the 17th Amendment was, as it benefited only one person – Musharraf, the Daily Times reported.
ANI>


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