Friday, Apr 11, 2003
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By B. Muralidhar Reddy
The LFO incorporates all the controversial amendments made by Gen. Musharraf to the Constitution. Some of these include extension of his tenure as Chief of the Army Staff till 2007, election as President on the basis of April, 2002 referendum and constitution of the National Security Council (NSC), with representation to all service chiefs. The Lahore Bench had reserved the judgment last Friday and allowed petitioner, A.K. Dogar to submit additional arguments in writing. After hearing the arguments, the Bench dismissed the appeal. In the judgment, the court said the entire LFO 2002 was challenged before the Supreme Court in Wattan Party's case. While dismissing the petition, the apex court observed that all the major political parties fielded their candidates to contest the general elections 2002 under the Conduct of General Election Order 2002 and none of them had come forward with the petition to question any provision of the LFO. The court said the precedent case law and decisions of the Supreme Court are binding and this court cannot review them as a Court of appeal. Article 189 of the Constitution mandates that any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan. The Bench said that as none of the political parties has challenged the LFO 2002 in court and are currently engaged in a dialogue for a consensual formula on the issues raised with regard to the LFO, the appeal is dismissed accordingly. The verdict has come at a juncture when the Mir Zafarullah Khan Jamali Government is bracing for another round of confrontation with the Opposition parties over the validity of the Musharraf laws. Gen. Musharraf has summoned the National Assembly session on April 15. No business could be transacted in the first session, as the Opposition disrupted the proceedings on the LFO. There have been clear indications from the Musharraf camp in the last few days that Gen. Musharraf is in no mood to give in the demand of the Opposition that he step down as the Chief of the Army Staff. The Opposition parties have declared that they do not approve of the amendments made by him to the constitution and insist on parliamentary approval. It is immediately not clear as to what has prompted Gen. Musharraf to summon the National Assembly particularly at a juncture when every one expects him to address the joint session of National Assembly and Senate. The risks involved for Gen. Musharraf in facing the parliamentarians was evident on Tuesday when the Muttahida Majlis-e-Amal (MMA), after an extraordinary meeting in Peshawar, declared that it would not allow a person in uniform to address the joint session as President. In a bid to gauge the mood among leaders of various parties, Gen. Musharraf began last weekend what was termed as process of consultations. So far, he has met the representatives of the ruling party, the Pakistan Muslim League (Quaid-e-Azam) and its ally, the Pakistan People's Party Parliamentarians (Patriots). He is yet to meet any opposition group. However, it appears he has ruled out the possibility of leaving the post of the Chief of the Army Staff, on the ground that the country was passing through a transition period and the regional and international situation was also not conducive for such an act. Gen. Musharraf told the ruling party leader that the country was passing through a transition period, and it would be good if the same person held the posts of the President and the COAS. In a transition period, the person holding both the posts was in better position to deal with the problems created in the process. Gen. Musharraf reportedly said that the Army was also wary of the changing international scenario and his holding of both posts would be in the greater national interest. If he has indeed invoked the authority of Army in support of the case for his continuation in two posts, it would be difficult for any party to counter him. On Article 58(2)(B), which empowers Gen. Musharraf to dissolve the National Assembly, the President told the ruling party members that the apex court on more than five occasions, had supported the presidential powers under 58(2)(B). The court had held that it was a "safety valve'' against the imposition of martial law. On the National Security Council, Gen. Musharraf told them that it would not be a supra-constitutional body and its role would merely be consultative in nature. The assertive tone of Gen. Musharraf about his regime and the need for continuation of his policies was evident today when he claimed that the economy has been strengthened and the country put on the track of progress, prosperity and development. Addressing a representative tribal Jirga at Governor House in Peshawar, he claimed that this has been achieved due to the reforms and policies launched during the last three years.
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