The Hindu : Front Page : Musharraf can contest poll while being Army chief: court

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Saturday, Sep 29, 2007
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Musharraf can contest poll while being Army chief: court

Nirupama Subramanian

Bhagwandas among dissenting judge, lawyers protest verdict

Photo: AP

For the General: Supporters of Pakistan President Pervez Musharraf celebrate in Multan on Friday, after the Supreme Court in a 6-3 majority verdict ruled in his favour. —

ISLAMABAD: After two weeks of intense daily hearings, the Supreme Court of Pakistan on Friday cleared the way for President Pervez Musharraf to contest the October 6 presidential election while remaining Army chief, by dismissing as “non-maintainable” all petitions challenging his eligibility.

The Opposition parties and the legal community denounced the verdict, and called into question the independence of the judiciary.

The 6-3 majority verdict of the nine-judge Bench did not touch upon the substance of the petitions. Nor did the Bench make any observation on the recent changes to the election rules made by the Election Commissioner, favouring President Musharraf.

The verdict said the petitions, which pleaded for the court’s intervention as an issue of public importance relating to fundamental rights was involved, could not be maintained on these grounds.

Among the three dissenting judges was Rana Bhagwandas, who headed the Bench. The verdict came three-and-a-half hours after the court adjourned following the final round of submissions by counsel for the petitioners. The packed courtroom erupted with cries of “Shame, Shame” after Mr. Justice Bhagwandas read out the short order. Lawyers hurled abuse at counsel for the petitioners and shouted “Go, Musharraf Go” and “Let’s free the judiciary.”

Legal analysts said the court sidestepped the substance of the petitions and did not clarify any issue raised in them because it might have been badly divided and wanted to avoid a decision that could trigger a confrontation with the government and the military.

A section of the lawyers, who have put up their own candidate, said the battle would now shift to challenging President Musharraf’s eligibility before the Chief Election Commissioner on Saturday, when nominations will be scrutinised. Others said they would protest on the streets. One petitioner’s counsel said he would file a review petition on Monday.

Government spokesmen said justice and the rule of law had prevailed. Attorney-General Malik Qayyum denied that there was any government pressure on the Bench and reiterated that President Musharraf would step down as Army chief after his election.

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