Musharraf to continue as CoAS if not re-elected, AG informs Supreme Court

Attorney-General Malik Mohammad Qayyum informed the Supreme Court on Tuesday that General Musharraf would remain Chief of Army Staff if he was not re-elected in the October 6 presidential polls. Justice Javed Iqbal had asked the Attorney General what would happen if General Musharraf was not re-elected as President.
The Attorney General said that in that case General Musharraf would continue to hold the office of COAS till appointment of his successor by the new President. He said that there was no retirement age for a four-star General of Pakistan Army in the Services rules.
It may be recalled that General Musharraf has made a categorical statement in the Court that "if re-elected" he would relinquish the charge of COAS. Much of the hearing time of petitions was consumed in discussion whether the 'Disqualification' clauses under Article 63 affected eligibility of General Musharraf as a presidential candidate, since he was also CoAS.
Qayyum argued that disqualification clauses were not applicable to General Musharraf because Parliament gave him permission to hold dual offices. However, Justice Javed Iqbal observed that the Court had buried the infamous law of necessary for ever, which had been the main argument for validation of all extra-constitutional measures taken by the military rulers in the past.
Presiding Judge Justice Bhagwandas observed that while deciding these petitions, the court would not be guided or influenced by the past bad laws. The court took serious notice of discussions/ debates being held by private TV channels on constitutional and legal matters. Justice Javed Iqbal said that such persons who had not even read the constitution were commenting on sensitive legal matters. He observed that media should not discuss, or comment upon, the petitions being heard by the courts.
Justice Mohammad Nawaz Abbasi observed that media persons were giving their verdicts without knowing the law and the constitution. He said the private TV channels "do not discuss the people's real problems like scarcity of flour (atta)" and give more time to less important issues.
Qayyum said that media had made fun of serious issues, and the courts should take notice of media trials. The Attorney-General will conclude his arguments on Wednesday morning. Thereafter, President's counsel Sharifuddin Pirzada will address the court.
The nine-member Bench comprises Justice Bhagwandas, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Falak Sher, Justice Shakirullah Jan and Justice Javed Buttar.