Plea to delete Musharraf's name as President from records: LHC admits petition for regular hearing

The Lahore High Court (LHC) on Monday admitted a petition for regular hearing filed for removing all references from the public or official records made by describing Pervez Muhsarraf as president of Pakistan. Former President of Pakistan Muhammad Rafiq Tarar has filed the petition praying the court to declare Pervez Musharraf as unlawful and unconstitutional president.
He also prayed to the court to direct the respondent, government of Pakistan, to give him pension benefits as former president. Tarar in his petition submitted that he took oath of his office on January 1, 1998, and at that time salary of the president was Rs 23,000 and pension Rs 10,000.
He said, on October 1999, the elected government was toppled but he continued to hold the office of president. The petitioner further submitted that in pursuance of the summary proposing that salary and pension of the president should be higher to all other state functionaries was moved by cabinet division to then Chief Executive in May 2001, two bills were submitted to the petitioner. The petitioner declined to sign the bills on certain apprehension, he said.
He said that after his expulsion another summary was moved through which the president was entitled to receive Rs 57,000 monthly salary and 85 percent of salary as pension and the same was approved. He submitted that the anomaly was against constitutional intents as the pension he draws was Rs 48,450 whereas the pension of the retired chief justice during 1991-1994 was Rs 476,325.
Citing the Supreme Court decision on a plea by the Sindh High Court Bar Association, he contended that the petitioner continued as president till September 08, 2008, when Asif Ali Zardari assumed office of president. He, therefore, prayed to the court to declare that the petitioner never resigned from the office and continued as president till the oath of Asif Ali Zardari as president. He also requested the court to declare that Pervez Musharraf was not entitled to receive any privileges, as he was not elected president. He prayed the court to declare that the petitioner was entitled to receive pension from September 9, 2008, at 85 percent of the salary.