Impeaching the president

Whereas the constitution of 1973 does not say so explicitly, the punishment for criminal wrongdoing of a guilty president would be through a prosecution by the state or through a separate complaint for the alleged criminal liability of the accused who was the incumbent president. In other words, impeachment per se would lead only to the removal of a person from office and not punishment.

Let us initially see the actual text of the recent Impeachment Resolution introduced by US Congressman Kucinich containing 35-point allegations, which seeks to impeach US 43rd Bush for high crimes and other illegal and criminal acts.

Dennis Kucinich told the 110th US Congress that Bush has allegedly is guilty of high crimes and misdemeanours; therefore, the US House must impeach Bush because he has committed many crimes during the last eight years. Addressing the House, US Congresswoman Nancy Pelosi said that the Kucinich resolution is as follows:

"Resolved, that President Bush be impeached for high crimes and misdemeanours, and that the following articles of impeachment be exhibited to the senate."

In addition there are many other allegations against the president's conduct of his office; these being in Article 17 Illegal Detention, Article 18 "Torture: Secretly Authorising and Encouraging the Use of Torture Against Captives in Afghanistan, Iraq and Other Places, as a Matter of Official Policy," Article 19 "Rendition: Kidnapping People and Taking Them Against Their Will to "Black Sites" Located in Other Nations, Including Nations Known to Practice Torture."

It is clear that essentially the charges against the President of Pakistan would be similar but of much greater variety as he would be accused of such grave offences as the murder of leaders like Nawab Bugti or the students of Al Hafza, use of banned chemical weapons against those that were killed in the military operation against Red Mosque, ousting of the judiciary twice in a span of just seven years to name just few.

In my view an indictment against Musharraf would have around fifty serious accusations involving, but not restricted to, the following major violations of constitution by him. The law on this point is evident from a bare reading of the constitution in which Article 47 includes the following: "Not less than one-half of the total membership of either House may give to the speaker of the National Assembly or, as the case may be, the chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the president; and such notice shall set out the particulars of his incapacity or of the charge against him.

"If a notice under clause (2) is received by the chairman, he shall transmit it forthwith to the speaker. The speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the president. The speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.