The Hindu : Musharraf to take fresh oath

Online edition of India's National Newspaper
Saturday, Nov 16, 2002

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International

Musharraf to take fresh oath

By B. Muralidhar Reddy

ISLAMABAD Nov. 15. The Pakistan President, Pervez Musharraf is expected to issue the Revival of Constitutional Order (RCO) before he is administered a fresh oath as President by the Chief Justice of the Pakistan Supreme Court, Sheikh Riaz Ahmed, tomorrow.

As per the earlier plans, Gen. Musharraf was to take a new oath only after the election of the Leader of the House by the newly-elected National Assembly. The Leader was to have been administered the oath of office and secrecy as Prime Minister by the General.

It appears that Gen. Musharraf has decided to reverse the order as a majority of members of the newly-elected Assembly have questioned his powers to amend the Constitution. Their position is that they do not recognise his election as President through the controversial April referendum.

Under the Pakistan Constitution, the President is to be elected by an Electoral College consisting of members of the National Assembly and the Senate. Gen. Musharraf was deemed to have been elected President for a further period of five years, from the day he chooses to take a fresh oath after the National Assembly comes into being, through the April referendum.

It was claimed that an estimated 60 per cent of the people participated in the referendum and 98 per cent of them voted for the continuation of Gen. Musharraf as President. However, most of the parties, independent observers and the media have questioned the figures and charged the Government with manipulating the referendum.

Some of the parties even questioned Gen. Musharraf's election through the referendum in the Supreme Court. The apex court in its verdict, while upholding the validity of the referendum, had maintained that most of the questions raised in the petition were premature and they should be raised at the appropriate time and forum. It was interpreted as a suggestion by the apex court that the issues should be raised in the new Parliament.

Gen. Musharraf's decision to take a fresh oath is obviously an attempt to pre-empt the National Assembly from raising the issue and creating any impediment in his way for continuation as the first citizen. However, he is bound to face a serious challenge from the National Assembly as most of the parties have stated that they do not accept the referendum.

In a related development, the Lahore High Court has dismissed a petition challenging the constitutional amendments made by Gen. Musharraf on the plea that it was for the Supreme Court to take a view on the subject.

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