Musharraf's rule challenged

By B. Muralidhar Reddy

ISLAMABAD, AUG. 5. Almost seven weeks after Pakistan's military ruler, Gen. Pervez Musharraf, took over the office of the President, the Supreme Court Bar Association of Pakistan (SCBAP) has decided to challenge the decision.

The SCBAP has said that the assumption of the office of Presidency by Gen. Pervez Musharraf was unconstitutional and announced that it would challenge it along with the administration of the oath of office by the Pakistan Chief Justice, Mr. Irshad Hassan Khan, in the Supreme Court.

Through an ordinance under the Provincial Constitutional Order (PCO) Gen. Musharraf on June 20 ousted the then President, Mr. Rafiq Tarar, and took over the office. At a meeting on Saturday the SCBAP adopted a resolution to the effect that `the assumption of Presidency by Gen. Pervez Musharraf is clearly unconstitutional and is indicative of the intention of the military ruler to perpetuate themselves in power'.

It said `the lawyer community in Pakistan is deeply disappointed and distressed and has widely condemned the event that the Chief Justice of Pakistan had administered the oath of office of President to Gen. Musharraf and by doing so as well as taking oath as acting President has incurred disqualification to remain the Chief Justice of Pakistan anymore'.

The resolution said that the SCBAP `strongly feels that designation of the Chief Justice and his assumption as acting President is clearly unconstitutional, a violation of the principle of separation of Judiciary from the Executive and disregard of the judgment of the SC in the judge's case'

The association said that it would challenge the decision of Gen. Musharraf under Art. 184 (3) of the Constitution either jointly along with Bar Councils and High Court Bar Associations at the earliest.

The SCBAP said that Pakistan suffered under the arbitrary military rule and as a result the Constitution and democratic set-up in the country was held in abeyance. The independence of the Judiciary has been undermined by the military regime and the people of Pakistan are being deprived of their valuable rights and remedies under the Constitution. It said that the overthrow of a constitutionally-elected President by the military has deprived Pakistan of the last vista of constitutionalism in the country.

By administering the oath of office to Gen. Musharraf, Justice Hassan in blatant violation of the Constitution has shocked the people generally and the Bar in particular, it said.

A statement issued by the SCBAP also said that the Chief Justice had violated the law by taking oath as the acting President when Gen. Musharraf went to India. `Judgment of Supreme Court in judges' case is binding upon the Chief Justice. He has to honour and act upon the judgment and to act in aid of Supreme Court Judgment, the violation of same on his part are violation of Art. 189 and 190 of the Constitution. This act of the Chief Justice also amounts to contempt of judgment of the Supreme Court,'' it said.

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