ISLAMABAD: A pathologist who has been barred from performing his duties at the Pakistan Institute of Medical Sciences (Pims) for aspiring to the post of president has moved a constitutional petition before the Supreme Court seeking disqualification of President Pervez Musharraf from getting elected for the second term and permission for himself to contest.
Dr Anwarul Haq, whose application to the Election Commission for contesting the presidential election caused a stir, also challenged the 17th Constitutional Amendment, contending that it had been passed by parliament under duress.
The petitioner requested the apex court to set aside a notification issued on August 28 under which he was transferred from the hospital to the Health Ministry as a punishment for approaching the Election Commission.
President Musharraf, the federation of Pakistan through the Cabinet Division secretary, the chief election commissioner, Senate chairman, speakers of the national and provincial assemblies and the Health Ministry are respondents in the petition.
The petitioner said that being an internationally known doctor, it was his foremost duty to see that the Constitution and laws were being followed in letter and spirit and that the decision-makers did not encumber the future of the country.
Dr Haq stated that re-election of President Musharraf would weaken the Constitution, the country and its institutions which already had suffered a lot.
The Health Ministry had served a notice on Dr Haq, asking him to explain his position as the law prevented government servants from taking part in elections and making political comments.
The petition filed by Abdur Rehman Siddiqui advocate pleaded that the petitioner deserved equal protection of the law as guaranteed under the Constitution and, therefore, he was entitled to contest for the presidency.
It raised the question whether a government servant who fulfilled other qualifications for becoming the president, except that of being in the service of Pakistan or a person having retired from government service less than two years before the election, could be restrained from contesting them, especially when such a disqualification was not imposed on Musharraf.
The petitioner asked why a desire by a civil servant should be treated as an act of misconduct warranting disciplinary action. He asked why the president should not be barred from holding the office from December 2004 and contesting the coming election.
Dr Haq also asked why the petitioner should be subjected to penalty or transfer for seeking guidelines regarding eligibility criteria for contesting the presidential election.
Parliament, he contended, was not empowered to approve any amendment which was in gross contravention to the intention of the Constitution-makers, and the 17th Amendment was in conflict with the principles of democracy, freedom, equality, tolerance and social justice. – Internews |
