President may face trial after being impeached
Sunday, August 10, 2008
By Ansar Abbasi
ISLAMABAD: Chances of President Musharraf's resignation grew after he was advised by his top legal aides and some key political allies that resigning or facing impeachment were the only options for him but using Article 58(2)b was not.
On the other hand, pressure from within the PPP and the PML-N is growing on the top leadership of these parties to try the retired general under Article 6 of the Constitution as soon as the impeachment process is over.
One thing is now clear that Musharraf cannot stay in Pakistan either after his resignation or following his impeachment.
A reliable source in the beleaguered presidential camp revealed that Sharifuddin Pirzada and Justice (retd) Malik Qayyum had clearly told Musharraf that he could not move a reference before the Supreme Court without the advice of the prime minister whereas the option of 58(2)b would remain a non-starter because it would lead to fresh elections within 90 days if the Supreme Court endorsed such a drastic action of the president.
Both Pirzada and Qayyum met the president together a few days back. The source said that Pirzada told Musharraf that if he had the required number, then the best option for the retired general would be to face impeachment.
The changing tone of Musharraf's fast depleting supporters, including those belonging to the PML-Q and the likes of Sheikh Rashid and Mushahid Hussain, is conveying clearly that the absolute ruler of the past is in serious trouble and does not enjoy the support of the required 148 MPs.
Regarding a reference by the president to the Supreme Court to block the impeachment or review the controversial NRO that he himself introduced last year to perpetuate his rule, Malik Qayyum told the president that it could not be done.
Musharraf was informed that according to a reported Supreme Court case decided in the mid ’90s, the apex court had ruled that the president could not file a reference before the Supreme Court without the consent of the prime minister.
The president wanted to know if he could stop the impeachment process through the judiciary's intervention. Even otherwise most of the constitutional and legal experts agree that no court could intervene in the impeachment process of parliament or any business under consideration of the National Assembly or the Senate.
However, as an ordinary citizen, once he is impeached, Musharraf would be at liberty to knock at the doors of the judiciary to get justice.
There has also been a consideration to file a review petition with the Supreme Court to get the NRO repealed. However, in this case too, the president would be dependent on the government, which actually is the authority under the Constitution to approach the judiciary in such matters.
Musharraf was advised by these legal aides against the use of Article 58(2)b, the constitutional provision which empowers the president to dissolve the National Assembly and dismiss the government.
The retired general was told that the present circumstances did not provide enough grounds to invoke the clause generally considered as an anti-democracy article of the Constitution.
Musharraf was told even if the Supreme Court endorsed the president's decision, he would be bound to hold elections within 90 days of the dissolution of the National Assembly.
The president also asked as to what was the procedure for the impeachment. He was told that since this would be for the first time in our history that an impeachment motion was moved against the president, there did exist some grey areas as to how parliament would proceed, what the voting mode would be and who would probe the charges framed against the president. Musharraf was informed about the procedure adopted in the United States to impeach the president.
The source, who was present in the said meeting, said that the president, who was otherwise fond of speaking, did not speak much or speak his mind to his lawyers as to what he would do.
The said meeting, the source said, was held a day before the ruling coalition formally announced to impeach the president. After that, the president did not approach either of the two legal experts – Pirzada and Qayyum.
As the tide seems to have turned against Musharraf, his political supporters are fast changing their tone and statements, which no longer portrays an encouraging future for Musharraf.
The old commando is now advised to resign even by those who saw unprecedented heights when the sun was shining.
On the other side, there is a growing demand within the PPP and the PML-N seeking trial of Musharraf under Article 6 of the Constitution for abrogating the Constitution on Nov 3, 2007.
The top leadership of the ruling coalition has so far avoided such demands and is prepared to give a safe exit to Musharraf if he resigns. After his impeachment, it is said, it might not be possible for the PPP-PML-N top leadership to stop their own leaders to take the impeached president to a court of law for trial under Article 6.
http://thenews.com.pk/top_story_detail.asp?Id=16523