The Lahore high court on Wednesday ruled that Pakistan President Pervez Musharraf's election though a referendum was valid under law and he was legally entitled to hold the offices of the president as well as chief of army.
The ruling comes as a major setback to Pakistan's opposition parties, who are questioning the legality of the presidency of Musharraf and as a shot in arm for the military ruler, specially ahead of his crucial visit to United States and three other western countries later this month.
The opposition has shut down the Parliament for over six months demanding that Musharraf quit as chief of army as a compromise to accept his presidency and his constitutional amendments.
The court, in response to a petition filed by Lawyers Forum, further ruled: "None of the constitutional provisions is affected if the president remains in the uniform. Therefore, decision by the president that he would take off the uniform on a date of his own choice, does not impinge upon any constitutional provision and the Article 6, in no way is attracted to this case."
The court order followed an agitation by the influential lawyers community against attempts by the government to 'subvert' the judiciary with inducements, such as the three-year extension of service to all higher court judges.
Since the court issued the order, Musharraf, whose confidants earlier held hectic negotiations with the opposition specially with that of the Islamist alliance, Muthahida Majlis-e-Amal, struck a hardline stance against opposition during the past few weeks and said he would continue in uniform.
The court also refused to take into account the argument that the referendum through which Musharraf was elected was not valid.
It declared the status of Referendum Order 2002 as unquestionable, as it was promulgated in accordance with the Proclamation of Emergency Order 1999.
"The president was elected under the provisions of the Referendum Order 2002, as the electoral college prescribed by the Constitution for the election of the president did not even exist. Therefore, the provisions of the constitution on this subject would not attract to this case," it said.
The only issue that the court found hesitant to rule in favour of Musharraf was the validity of the Legal Framework Order, which incorporated his amendments empowering to dismiss the parliament. It said the LFO was more of political issue and its fate should be decided by parliament.
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