Karachi: Three-member appellate tribunal set up in the Sindh High Court SHC on Thursday dismissed the petition of former President General retd Pervez Musharraf challenging the decision of election tribunal which rejected his nomination papers from NA250, Karachi.
General Musharraf approached the SHC against decision of the election tribunal which rejected his nomination papers from NA250 observing that he could not be regarded as “righteous”, “sagacious” and “ameen” as interpreted by Articles 62 and 63 of the constitution.
The counsel, Khuwaja Naveed Ahmed, appearing on behalf of Musharraf submitted that the election tribunal misinterpreted Articles 62 and 63 of the constitution. He stated that the tribunal erred in construing the word “righteous”, “sagacious” and “ameen”. He said through his counsel that tribunal order was not sustainable as he has not been proven guilty by the trail court.
He said that Musharraf not as president of Pakistan but using the authority as chief of army staff imposed the state emergency on 3 November 2007 in consultation with other generals. He said that tribunal order was not sustainable as Musharraf has not been proven guilty by the trail court.
However, the Justice Maqbool Baqar remarked that Musharraf violated the constitution and sacred trust. He said that the bench was bound by the judgment of Supreme Court regarding Musharraf’s treason case announced in 2009 and could not allow him to contest the elections as he did not fall within the category of Articles 62 and 63 of the constitution.
Meanwhile, the same bench allowed Nawabzada Mir Nadir Khan Magsi, Mir Ahmed Nawaz, Ali Nawaz Mahar, Manzoor Hussain Ansari, Abdul Aziz Memon, and Syed Murad Ali Shah to contest election.