'Deal done' - Benazir agrees to Musharraf’s re-election in uniform

[Flame_of_Life]

Re: ‘Deal done’ - Benazir agrees to Musharraf’s re-election in uniform

U have raised questions that relate to the Constitution so I’ll use the document in my reply. All the articles here are fairly well explained and dont need additional comments so here we go.

@Sa1eem

How can Supreme Court decide anything that they have no right to decide?

Correction. The Supreme Court has a very vast jurisdiction my friend. It is not even a debate whether the SC can declare President’s Musharraf candidature legal or not. Musharraf himself knows this much, otherwise he nor any of his predecessors would have gone to the SC for a certificate of approval.

Article 184](Chapter 2: "The Supreme Court of Pakistan." of Part VII: "The Judicature")

@Sa1eem

Who would be President or not, or that President be in uniform or not, is not jurisdiction of Supreme Court but it is jurisdiction of Parliament.

I am not sure what u mean when u say that it is the jurisdiction of the Parliament..but I’ll substitute it with “decision of the Parliament” for ease of understanding.

I agree that it’s not for the SC to decide who is going to be the President but it can decide who is not going to be. In other words, it can disqualify a person from becoming President.

Now who can be President of Pakistan? He should be:

1: Muslim.
2: Pakistani
3: Qualified to become a member of Majlis-e-Shoora.

There r many qualifications for becoming an MNA, so I’ll just skip to the relevant disqualification clause here:

Article 63. Disqualifications for membership of Majlis-e-Shoora (Parliament):(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-

d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e) he is in the service of any statutory body of any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

…

Pretty self explanatory.

@Sa1eem

So, what is not in Supreme Court jurisdiction, how can they decide? And even if they would like to decide regardless of a thing is in their jurisdiction or not,

Repeat

@Sa1eem

how would they enforce that? Please explain …

    **[Article 190](http://www.pakistani.org/pakistan/constitution/part7.ch2.html).**         **Action in aid of Supreme Court.**       All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court._________

I hope this satisfies all your questions.