Petition filed against Musharraf's eligibility

KARACHI - Chairman Human Rights Committee of Sindh Bar Council, Aaqil Lodhi Advocate, on Saturday filed a petition against President General (Retd) Pervez Musharraf in Sindh High Court alleging him functioning unconstitutionally. The petition was submitted under Article 199 of the 1973 Constitution in which Lodhi he argued "the President must be a symbol of federation but after passing of resolutions against him from all the provincial assemblies, he has no right to remain in his position any more". The petitioner submitted that the requirement for the President to hold office was to take oath under Article 42 of the Constitution, but Musharraf didn't fulfill this condition. "There is complete turmoil in the country, and chaos and anarchy may prevail if the sitting President continues functioning". Lodhi further submitted the people of Pakistan had given mandate for parliamentary form of government and the current federal set-up was enjoying full popular support. "If the sitting President continues to exercise his power, there will be a collision between him and the Prime Minister which may result in the martial law", he added. The petitioner said that sitting President took oath under the emergency proclaimed by Pervez Musharraf as Chief of Army Staff, which was not made part of the Constitution of Pakistan. He said that all of the judges, who took oath under emergency, should do so afresh under the Constitution of Pakistan. The petitioner also requested the court that Musharraf has no power and authority to act and function as President of Pakistan as he has not taken oath under Article 42 of the Constitution. Lodhi further stated that after passage of resolutions from all the four provincial assemblies against him, Musharraf did not represent the unity of the Republic as required under Article 41 of the Constitution of Pakistan as all the powers of the sitting President lacked any legality.

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