Impeachment
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Close Musharraf Allies Say He Has No Plans to Resign Under Pressure
By JANE PERLEZ
Published: August 8, 2008
ISLAMABAD, Pakistan President Pervez Musharraf will stage a spirited defense against impeachment charges that the governing coalition is pursuing against him, and has no intention of resigning under pressure, his key allies said Friday.
Mr. Musharraf, who has been president for nearly nine years, faces the first impeachment proceedings in Pakistani history, after the leaders of the two major political parties in the coalition announced Thursday that they would seek to remove him.
The grounds for impeachment included mismanagement of the economy, along with Mr. Musharrafs imposition in November of emergency rule and the firing of nearly 60 judges, the party leaders said.
Mushahid Hussain, the secretary general of the Pakistan Muslim League-Q party, which supports Mr. Musharraf, said part of the presidents defense strategy would be to draw a distinction between himself and the two leaders of the coalition, Asif Ali Zardari, of the majority party in the coalition, the Pakistan Peoples Party, and Nawaz Sharif, the leader of the Pakistan Muslim League-N.
He will say: Look here, Ive been in office for eight years. Ive made some mistakes, but at least I am not a crook. I have no foreign bank accounts, no properties abroad, unlike the opposition leaders who are gunning for me, Mr. Hussain said. In the 1990s, both Mr. Zardari and Mr. Sharif faced corruption charges in Pakistan. Mr. Zardari served nearly eight years in prison on charges that included paying for a country manor in Britain with illegal gains from Pakistan. Upon Mr. Zardaris return to Pakistan this year after the assassination of his wife, former Prime Minister Benazir Bhutto, the corruption charges were dropped as part of an amnesty deal with the Musharraf government
Mr. Hussain said Mr. Musharraf would also seek to draw a sharp distinction between himself, a two-term president and an experienced soldier and former chief of the Pakistani Army, and Mr. Zardari, who served in the cabinet when Ms. Bhutto was prime minister in the 1990s.
What is the choice? It is between President Musharraf and President Zardari. That is the question for 160 million people of Pakistan, Mr. Hussain said.
Mr. Zardari has made it known that he would like to be president, according to Pakistani and Western officials. As leader of the majority party, he could seek the nomination. The appointment of the president is decided by a vote of the national legislature and the provincial assemblies.
The coalition has called a session of the National Assembly for Monday to start the impeachment process. It would probably take at least a week to formally approve the start of proceedings. After those preliminaries, the speaker of the National Assembly is required to call a joint sitting of both houses of Parliament not earlier than 7 days and not later than 14 after receiving the approval of Parliament to hear charges.
The joint sitting would then amount to a jury on Mr. Musharrafs tenure, said Babar Sattar, a constitutional lawyer.
Many politicians and analysts said Friday that they hoped that Mr. Musharraf would take the graceful way out and decide some time next week to step aside. For the sake of all of us, please maintain your dignity and go quietly, a daily newspaper, The News, said in an editorial on Friday.
But Mr. Hussain, and even opponents of the president like Mr. Sattar, said they believed that Mr. Musharraf would fight to the end. Hes going to take this as a personal challenge that has to be fought, Mr. Sattar said. Aiming to show a more united front within the fractious coalition, Mr. Sharifs party, the Pakistan Muslim League-N, announced that four of nine cabinet members who left the cabinet in protest two months ago would return to their posts. None of the four held senior posts. The respected finance minister, Ishaq Dar, among the nine who resigned, will not be rejoining the cabinet, said Chaudry Nisar Ali Khan, a senior member of the Pakistan Muslim League-N.
The effort to remove Mr. Musharraf through impeachment proceedings received criticism even from some of the presidents fiercest opponents.
Aitzaz Ahsan, the leader of a lawyers movement that has called for the resignation of the president, said in a television interview from the United States on Friday that the four-month-old coalition government should have quickly restored the judges, including the chief justice of the Supreme Court, who were fired by Mr. Musharraf in November after the imposition of emergency rule.
If the judges had been restored, protracted and potentially chaotic impeachment proceedings would not have been necessary, Mr. Ahsan said. And, if Mr. Musharraf prevails against the impeachment charges, he will remain in office, more solidly entrenched than ever, Mr. Ahsan argued.
A version of this article appeared in print on August 9, 2008, on page A8 of the New York edition.
By JANE PERLEZ
Published: August 8, 2008
ISLAMABAD, Pakistan President Pervez Musharraf will stage a spirited defense against impeachment charges that the governing coalition is pursuing against him, and has no intention of resigning under pressure, his key allies said Friday.
Mr. Musharraf, who has been president for nearly nine years, faces the first impeachment proceedings in Pakistani history, after the leaders of the two major political parties in the coalition announced Thursday that they would seek to remove him.
The grounds for impeachment included mismanagement of the economy, along with Mr. Musharrafs imposition in November of emergency rule and the firing of nearly 60 judges, the party leaders said.
Mushahid Hussain, the secretary general of the Pakistan Muslim League-Q party, which supports Mr. Musharraf, said part of the presidents defense strategy would be to draw a distinction between himself and the two leaders of the coalition, Asif Ali Zardari, of the majority party in the coalition, the Pakistan Peoples Party, and Nawaz Sharif, the leader of the Pakistan Muslim League-N.
He will say: Look here, Ive been in office for eight years. Ive made some mistakes, but at least I am not a crook. I have no foreign bank accounts, no properties abroad, unlike the opposition leaders who are gunning for me, Mr. Hussain said. In the 1990s, both Mr. Zardari and Mr. Sharif faced corruption charges in Pakistan. Mr. Zardari served nearly eight years in prison on charges that included paying for a country manor in Britain with illegal gains from Pakistan. Upon Mr. Zardaris return to Pakistan this year after the assassination of his wife, former Prime Minister Benazir Bhutto, the corruption charges were dropped as part of an amnesty deal with the Musharraf government
Mr. Hussain said Mr. Musharraf would also seek to draw a sharp distinction between himself, a two-term president and an experienced soldier and former chief of the Pakistani Army, and Mr. Zardari, who served in the cabinet when Ms. Bhutto was prime minister in the 1990s.
What is the choice? It is between President Musharraf and President Zardari. That is the question for 160 million people of Pakistan, Mr. Hussain said.
Mr. Zardari has made it known that he would like to be president, according to Pakistani and Western officials. As leader of the majority party, he could seek the nomination. The appointment of the president is decided by a vote of the national legislature and the provincial assemblies.
The coalition has called a session of the National Assembly for Monday to start the impeachment process. It would probably take at least a week to formally approve the start of proceedings. After those preliminaries, the speaker of the National Assembly is required to call a joint sitting of both houses of Parliament not earlier than 7 days and not later than 14 after receiving the approval of Parliament to hear charges.
The joint sitting would then amount to a jury on Mr. Musharrafs tenure, said Babar Sattar, a constitutional lawyer.
Many politicians and analysts said Friday that they hoped that Mr. Musharraf would take the graceful way out and decide some time next week to step aside. For the sake of all of us, please maintain your dignity and go quietly, a daily newspaper, The News, said in an editorial on Friday.
But Mr. Hussain, and even opponents of the president like Mr. Sattar, said they believed that Mr. Musharraf would fight to the end. Hes going to take this as a personal challenge that has to be fought, Mr. Sattar said. Aiming to show a more united front within the fractious coalition, Mr. Sharifs party, the Pakistan Muslim League-N, announced that four of nine cabinet members who left the cabinet in protest two months ago would return to their posts. None of the four held senior posts. The respected finance minister, Ishaq Dar, among the nine who resigned, will not be rejoining the cabinet, said Chaudry Nisar Ali Khan, a senior member of the Pakistan Muslim League-N.
The effort to remove Mr. Musharraf through impeachment proceedings received criticism even from some of the presidents fiercest opponents.
Aitzaz Ahsan, the leader of a lawyers movement that has called for the resignation of the president, said in a television interview from the United States on Friday that the four-month-old coalition government should have quickly restored the judges, including the chief justice of the Supreme Court, who were fired by Mr. Musharraf in November after the imposition of emergency rule.
If the judges had been restored, protracted and potentially chaotic impeachment proceedings would not have been necessary, Mr. Ahsan said. And, if Mr. Musharraf prevails against the impeachment charges, he will remain in office, more solidly entrenched than ever, Mr. Ahsan argued.
A version of this article appeared in print on August 9, 2008, on page A8 of the New York edition.
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Musharraf awaits charges before decision to quit
Sunday, August 10, 2008
PML-Q not to support dissolution of assemblies, Shujaat tells president
By our correspondent
ISLAMABAD: President Pervez Musharraf on Saturday said that he would decide whether to face impeachment or not after reviewing the details of the charge-sheet being drafted against him by the ruling coalition.
He made this observation in a meeting with the leaders of his loyalist party PML-Q, Ch Shujaat Hussain and Ch Pervaiz Elahi, who called on him at his Rawalpindi Camp Office.
The meeting discussed in detail the ruling coalitions move to impeach Musharraf, the overall political situation of the country, especially the number of votes the ruling coalition claims in parliament. The meeting took place at a time when the ruling coalition is reportedly drafting a charge-sheet against him.
Since the announcement of the impeachment, the president has been holding hectic meetings with his political and legal aides.
Before meeting his political aides, the president also held meetings with his legal advisers and reviewed a number of options regarding impeachment. According to sources, during the meeting Ch Shujaat advised the president to avoid using Article 58(2)-b and said if he did so, the PML-Q would not be in a position to support him, as the political situation in the country did not allow it.
Shujaat, the sources said, also suggested to the president to make a decision whether he was ready to face the impeachment or resign and if he was ready to face the impeachment then the PML-Q would stand by him and defend him in parliament.
President Musharraf assured the top leadership of the Q-League that he would not use 58(2)-b as he was a big supporter of democracy.
The president said that he would courageously face the charge-sheet of the ruling alliance in accordance with the democratic process, as he first intended to see the allegations being levelled against him.
He accused Mian Nawaz Sharif of working against the democratic system in the country, sources maintained. He also advised the ruling party to refrain from worsening the situation in the country to fulfill the wishes of only one party.
Online adds: In the meeting President Musharraf said that the PML-N was trying to create anarchy in the country, adding that the PML-N Quaid Mian Nawaz Sharif was doing vengeful and personal politics.
He said he would not use Article 58(2)-b because he was a true supporter of democracy.
He said confrontation would harm the democratic process in the country.
During the meeting, the Chaudhry brothers assured the president that their party was completely united and they would support him.
The president also held deliberations with his constitutional aides with regard to his impeachment.
Reuters adds: Later, after holding a meeting with the embattled president, Ch Shujaat Hussain brushed aside fears that he (President Musharraf) would undo the countrys transition to democracy after nine years of one-man rule by dismissing the assembly. He doesnt have any such intention, Shujaat said.
Who killed Benazir?
As many as 70 per cent of those, who responded to The News query who killed Benazir? pointed their finger at President Musharraf.
Musharraf awaits charges before decision to quit
Sunday, August 10, 2008
PML-Q not to support dissolution of assemblies, Shujaat tells president
By our correspondent
ISLAMABAD: President Pervez Musharraf on Saturday said that he would decide whether to face impeachment or not after reviewing the details of the charge-sheet being drafted against him by the ruling coalition.
He made this observation in a meeting with the leaders of his loyalist party PML-Q, Ch Shujaat Hussain and Ch Pervaiz Elahi, who called on him at his Rawalpindi Camp Office.
The meeting discussed in detail the ruling coalitions move to impeach Musharraf, the overall political situation of the country, especially the number of votes the ruling coalition claims in parliament. The meeting took place at a time when the ruling coalition is reportedly drafting a charge-sheet against him.
Since the announcement of the impeachment, the president has been holding hectic meetings with his political and legal aides.
Before meeting his political aides, the president also held meetings with his legal advisers and reviewed a number of options regarding impeachment. According to sources, during the meeting Ch Shujaat advised the president to avoid using Article 58(2)-b and said if he did so, the PML-Q would not be in a position to support him, as the political situation in the country did not allow it.
Shujaat, the sources said, also suggested to the president to make a decision whether he was ready to face the impeachment or resign and if he was ready to face the impeachment then the PML-Q would stand by him and defend him in parliament.
President Musharraf assured the top leadership of the Q-League that he would not use 58(2)-b as he was a big supporter of democracy.
The president said that he would courageously face the charge-sheet of the ruling alliance in accordance with the democratic process, as he first intended to see the allegations being levelled against him.
He accused Mian Nawaz Sharif of working against the democratic system in the country, sources maintained. He also advised the ruling party to refrain from worsening the situation in the country to fulfill the wishes of only one party.
Online adds: In the meeting President Musharraf said that the PML-N was trying to create anarchy in the country, adding that the PML-N Quaid Mian Nawaz Sharif was doing vengeful and personal politics.
He said he would not use Article 58(2)-b because he was a true supporter of democracy.
He said confrontation would harm the democratic process in the country.
During the meeting, the Chaudhry brothers assured the president that their party was completely united and they would support him.
The president also held deliberations with his constitutional aides with regard to his impeachment.
Reuters adds: Later, after holding a meeting with the embattled president, Ch Shujaat Hussain brushed aside fears that he (President Musharraf) would undo the countrys transition to democracy after nine years of one-man rule by dismissing the assembly. He doesnt have any such intention, Shujaat said.
Who killed Benazir?
As many as 70 per cent of those, who responded to The News query who killed Benazir? pointed their finger at President Musharraf.
Musharraf awaits charges before decision to quit
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That would be undignified as he has been holding power for nearly a decade and his controversial career has much of debacle to stay in power regardless of what happens to the nation. It would be more dignified if he leaves quietly he still has a chance(?) to walk free from a trail the longer he takes the more momentum he gives to those who seek to try him.
Are you implying that its not true?
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The numbers game
PARTY POSITION IN NA
Pakistan Peopleís Party Parliamentarians 125
Pakistan Muslim League-N 91
Pakistan Muslim League-Q 54
Muttahida Qaumi Movement 25
Awami National Party 13
Muttahida Majlis-e-Amal 7
Pakistan Muslim League-F 5
National Peopleís Party 1
Balochistan National Party-A 1
Pakistan Peopleís Party-Sherpao 1
Independents 16
Total 339
Vacant 3
Number of seats 342
Party position in senate*
Opposition
Muslim League-Q 38
Muslim League-F 1
PPP-S 3
Ind 3
NPP 1
MQM 6
JUI 1
TOTAL 53
Government
PPPP 10
Muslim League-N 4
JUI-F 13
ANP 2
JWP 1
IND 7
BNP 2
TOTAL 39
*The Jamaat-e-Islami has five and PKMAP three seats in the Senate. These parties are neither formally part of the government or opposition
By Tahir Khalil
ISLAMABAD: In order for the impeachment move against President Pervez Musharraf to succeed, it is necessary for the government to have the support of 295 members in a combined House of 442. The National Assembly has a total of 342 members and the Senate 100 members.
Eight clauses of Article 47 of the Constitution relate to the impeachment of the president. In order to table an impeachment motion, signatures of at least half the members of the National Assembly or the Senate must in practice be presented to either the Speaker of the National Assembly or the Chairman Senate. It is also necessary to ensure the presence of at least two-thirds of the members of the National Assembly and the Senate at the time of voting.
The number of members required to gain a two-thirds majority in both houses is 295. If an impeachment motion is presented against the president, the signatures of at least 172 members of the National Assembly — that is half in a House of 342 ñ will be required as well as 50 members of the 100-member Senate.
The Constitution stipulates three conditions for moving an impeachment motion against the president. Article 47 (1) states a) mental or physical disability; b) violation of the Constitution and c) serious misconduct.
Members will have to provide in writing and with signatures the details of the accusations against the incumbent. As soon as the chairman Senate receives such a notice he will immediately dispatch it to the speaker of the National Assembly. Within three days of receiving it, the speaker will send a copy of the notice to the president
Rules for a joint sitting of parliament will then be issued and eight clauses of Article 47 will be included in the rules. Under Article 47 (5) the speaker must call a joint sitting of both houses of parliament between seven and 14 days. Under Article 47 (6) the House will either order an investigation or itself investigate the charges framed in the notice. According to constitutional experts, because there is no precedent in South Asia for the impeachment of a president there are, therefore, no historical traditions for such an act. That is why either a committee can be formed to investigate the charges against the president or the entire House can investigate the charges. According to constitutional experts, there is nothing in the Constitution or the rules for a joint session that stipulates a timeframe for debate or the passage of such a motion. It is, therefore, possible for the motion to be debated for a full week or more or even one day a week for several weeks.
Article 47 (7) gives the president the right, either during the investigation or before the joint sitting whichever is relevant, to defend himself personally or through a representative. The president is free to nominate any MNA, senator, the attorney-general or a constitutional expert to defend himself.
Article 47 (8) focuses on the numbers required to impeach the president. It is stipulated that at least two-thirds of the combined strength of both houses must vote in favour of the motion to force the president to step down. The president must immediately step down should such a motion be successful. The Constitution and the rules of a joint sitting are silent on the mode of the acceptance of the impeachment motion and there is no precedent available to follow. However, experts state that a show of hands for voting is not acceptable. The speaker will have to determine the procedure for counting of votes and it is likely that the same procedure will be adopted as that for the election of a prime minister ie a division will be carried out in parliament and every vote will be recorded.
According to the latest party position in the National Assembly Secretariat, the ruling coalition has the support of 251 members while the opposition has 88 members. In NA-42 there has been no polling due to the law and order situation. In NA- 41 and NA-123 a stay order has been issued by the court. Therefore, there are three seats still vacant in the National Assembly.
The entire impeachment issue is now a numberís game. The government needs the support of 295 members. However, if the president can muster the support of 150 members the ruling coalition will fail to get the required majority.
Currently, there are members of the PPPP who are secretly opposed to the impeachment move. Makhdoom Amin Fahim has only recently come out openly against removing the president. It is being speculated that at least three to four PPPP members, if not more, might support him.
Even if some members of the ruling coalition absent themselves on the day or show a lack of interest, the president has everything to gain. Similarly, even if a majority is unlikely to support the president, only a handful of Fata members may well tip the balance should they support the president come voting day.
The same situation exists in the Senate. The combined strength of the PML-Q in the Senate was 54 when it was in power. Now its number is down to 53.
The JI and the PKMAP may be siding with the opposition on many issues but their position on the impeachment move is still not clear.
Three independent senators —- Gulzar Ahmed Khan, his son Waqar Ahmed Khan and and Mukhtar Ahmed Khan —- are backing the PPPP. However, the three enjoy close personal ties with the president and may not vote against him.
The PML-Q Forward Bloc in the Senate is also divided. Senators Amjad Abbas and Shahid Iqbal are likely to support the impeachment move, while Nilofer Bakhtiyar and Badini are likely to oppose it.
It seems from this that the numbers in the Senate might fall short for the government
According to constitutional experts.
There is no provision in the Constitution that bars the president from using Article 58 (2b). However, when such a move is challenged in the Supreme Courtit could well be rejected because it could be seen as a mala fide act. There is no provision in the Constitution that allows the president to halt the impeachment process by referring it to the Supreme Court.
According to most observers, the political situation in the country will not allow the use of Article 58 (2b). However, some observers claim that it is the presidentís right to dismiss the assemblies but that this move
can be challenged in the Supreme Court.
In any case, the move to impeach the president is bound to lead to an interesting situation. At least eight to ten members from the PML-Q can support the impeachment motion whereas seven or eight Makhdoom Amin Fahim supporters in the PPPP could stay away from voting against the president.
According to sources, the ruling coalition enjoys the support of 251 members but their number is restricted to 39 in the Senate. That gives the government a figure of 290 members in a joint sitting. If the JI and the PKMAP support the impeachment move (with their combined strength of eight in the Senate) it will go up to 298. The required number for the impeachment to succeed is 295.
The crucial question now is: how many former supporters of President Musharraf can the ruling coalition win over and vice versa and at what cost. That can only be clear on voting day.
PARTY POSITION IN NA
Pakistan Peopleís Party Parliamentarians 125
Pakistan Muslim League-N 91
Pakistan Muslim League-Q 54
Muttahida Qaumi Movement 25
Awami National Party 13
Muttahida Majlis-e-Amal 7
Pakistan Muslim League-F 5
National Peopleís Party 1
Balochistan National Party-A 1
Pakistan Peopleís Party-Sherpao 1
Independents 16
Total 339
Vacant 3
Number of seats 342
Party position in senate*
Opposition
Muslim League-Q 38
Muslim League-F 1
PPP-S 3
Ind 3
NPP 1
MQM 6
JUI 1
TOTAL 53
Government
PPPP 10
Muslim League-N 4
JUI-F 13
ANP 2
JWP 1
IND 7
BNP 2
TOTAL 39
*The Jamaat-e-Islami has five and PKMAP three seats in the Senate. These parties are neither formally part of the government or opposition
By Tahir Khalil
ISLAMABAD: In order for the impeachment move against President Pervez Musharraf to succeed, it is necessary for the government to have the support of 295 members in a combined House of 442. The National Assembly has a total of 342 members and the Senate 100 members.
Eight clauses of Article 47 of the Constitution relate to the impeachment of the president. In order to table an impeachment motion, signatures of at least half the members of the National Assembly or the Senate must in practice be presented to either the Speaker of the National Assembly or the Chairman Senate. It is also necessary to ensure the presence of at least two-thirds of the members of the National Assembly and the Senate at the time of voting.
The number of members required to gain a two-thirds majority in both houses is 295. If an impeachment motion is presented against the president, the signatures of at least 172 members of the National Assembly — that is half in a House of 342 ñ will be required as well as 50 members of the 100-member Senate.
The Constitution stipulates three conditions for moving an impeachment motion against the president. Article 47 (1) states a) mental or physical disability; b) violation of the Constitution and c) serious misconduct.
Members will have to provide in writing and with signatures the details of the accusations against the incumbent. As soon as the chairman Senate receives such a notice he will immediately dispatch it to the speaker of the National Assembly. Within three days of receiving it, the speaker will send a copy of the notice to the president
Rules for a joint sitting of parliament will then be issued and eight clauses of Article 47 will be included in the rules. Under Article 47 (5) the speaker must call a joint sitting of both houses of parliament between seven and 14 days. Under Article 47 (6) the House will either order an investigation or itself investigate the charges framed in the notice. According to constitutional experts, because there is no precedent in South Asia for the impeachment of a president there are, therefore, no historical traditions for such an act. That is why either a committee can be formed to investigate the charges against the president or the entire House can investigate the charges. According to constitutional experts, there is nothing in the Constitution or the rules for a joint session that stipulates a timeframe for debate or the passage of such a motion. It is, therefore, possible for the motion to be debated for a full week or more or even one day a week for several weeks.
Article 47 (7) gives the president the right, either during the investigation or before the joint sitting whichever is relevant, to defend himself personally or through a representative. The president is free to nominate any MNA, senator, the attorney-general or a constitutional expert to defend himself.
Article 47 (8) focuses on the numbers required to impeach the president. It is stipulated that at least two-thirds of the combined strength of both houses must vote in favour of the motion to force the president to step down. The president must immediately step down should such a motion be successful. The Constitution and the rules of a joint sitting are silent on the mode of the acceptance of the impeachment motion and there is no precedent available to follow. However, experts state that a show of hands for voting is not acceptable. The speaker will have to determine the procedure for counting of votes and it is likely that the same procedure will be adopted as that for the election of a prime minister ie a division will be carried out in parliament and every vote will be recorded.
According to the latest party position in the National Assembly Secretariat, the ruling coalition has the support of 251 members while the opposition has 88 members. In NA-42 there has been no polling due to the law and order situation. In NA- 41 and NA-123 a stay order has been issued by the court. Therefore, there are three seats still vacant in the National Assembly.
The entire impeachment issue is now a numberís game. The government needs the support of 295 members. However, if the president can muster the support of 150 members the ruling coalition will fail to get the required majority.
Currently, there are members of the PPPP who are secretly opposed to the impeachment move. Makhdoom Amin Fahim has only recently come out openly against removing the president. It is being speculated that at least three to four PPPP members, if not more, might support him.
Even if some members of the ruling coalition absent themselves on the day or show a lack of interest, the president has everything to gain. Similarly, even if a majority is unlikely to support the president, only a handful of Fata members may well tip the balance should they support the president come voting day.
The same situation exists in the Senate. The combined strength of the PML-Q in the Senate was 54 when it was in power. Now its number is down to 53.
The JI and the PKMAP may be siding with the opposition on many issues but their position on the impeachment move is still not clear.
Three independent senators —- Gulzar Ahmed Khan, his son Waqar Ahmed Khan and and Mukhtar Ahmed Khan —- are backing the PPPP. However, the three enjoy close personal ties with the president and may not vote against him.
The PML-Q Forward Bloc in the Senate is also divided. Senators Amjad Abbas and Shahid Iqbal are likely to support the impeachment move, while Nilofer Bakhtiyar and Badini are likely to oppose it.
It seems from this that the numbers in the Senate might fall short for the government
According to constitutional experts.
There is no provision in the Constitution that bars the president from using Article 58 (2b). However, when such a move is challenged in the Supreme Courtit could well be rejected because it could be seen as a mala fide act. There is no provision in the Constitution that allows the president to halt the impeachment process by referring it to the Supreme Court.
According to most observers, the political situation in the country will not allow the use of Article 58 (2b). However, some observers claim that it is the presidentís right to dismiss the assemblies but that this move
can be challenged in the Supreme Court.
In any case, the move to impeach the president is bound to lead to an interesting situation. At least eight to ten members from the PML-Q can support the impeachment motion whereas seven or eight Makhdoom Amin Fahim supporters in the PPPP could stay away from voting against the president.
According to sources, the ruling coalition enjoys the support of 251 members but their number is restricted to 39 in the Senate. That gives the government a figure of 290 members in a joint sitting. If the JI and the PKMAP support the impeachment move (with their combined strength of eight in the Senate) it will go up to 298. The required number for the impeachment to succeed is 295.
The crucial question now is: how many former supporters of President Musharraf can the ruling coalition win over and vice versa and at what cost. That can only be clear on voting day.
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Musharraf needs 147 votes
Senate 53
Pakistan Muslim League-Q 54
Muttahida Qaumi Movement 25
Muttahida Majlis-e-Amal 7
Pakistan Muslim League-F 5
National Peopleís Party 1
Pakistan Peopleís Party-Sherpao 1
= 146 of a needed 147
This is still anyone's game!
Senate 53
Pakistan Muslim League-Q 54
Muttahida Qaumi Movement 25
Muttahida Majlis-e-Amal 7
Pakistan Muslim League-F 5
National Peopleís Party 1
Pakistan Peopleís Party-Sherpao 1
= 146 of a needed 147
This is still anyone's game!
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You are not thinking like Musharraf.
You know what he said when asked if you would resign?
"They're not going to force me to resign. I've done nothing wrong. I'm going to fight this to the end."
To resign would mean that he has done something wrong.
You know what he said when asked if you would resign?
"They're not going to force me to resign. I've done nothing wrong. I'm going to fight this to the end."
To resign would mean that he has done something wrong.
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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.
President may face trial after being impeached
Ansar Abasi is a prominent supporter of the Musharraf camp and he has this to report, the highlighted shows what I am trying to convey here. I dont care what Musharraf' says he's been saying all kinds of stuff which doesn't means that he is telling the truth, it is called politics, and he is playing his cards.
And it is wise if he resigns queitly, it would be meaningful and justified, the rest is up to him.
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.
President may face trial after being impeached
Ansar Abasi is a prominent supporter of the Musharraf camp and he has this to report, the highlighted shows what I am trying to convey here. I dont care what Musharraf' says he's been saying all kinds of stuff which doesn't means that he is telling the truth, it is called politics, and he is playing his cards.
And it is wise if he resigns queitly, it would be meaningful and justified, the rest is up to him.
Awesome
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It's touch n go for the coalition as well.
Once the impeachment fails... The nation would find it acceptable to see 58-2b invoked, since it'll be proven that he's no longer 2/3rds unpopular thus granting him all the right he needs.
Once the impeachment fails... The nation would find it acceptable to see 58-2b invoked, since it'll be proven that he's no longer 2/3rds unpopular thus granting him all the right he needs.
Interceptor,
Are you kidding me? Ansar Abbasi is in the NS camp and has been for a very long time. He has done his utmost to undermine Musharraf in every single report that he puts out. Just google his name and reports online and you will get the real deal on what this chap has been up to.
Secondly, if there are threats to him about being taken to court then he should fight it out. The impeachment charges are all bogus. However if the current government allows him to resign with dignity worthy of the President of the state then he should go with that. It just depends on what is being proposed and how its being proposed. The reality is indeed that Musharraf unlike Nawaz Sharif and Asif Zardari does not have multi-million dollar mansions in different countries. He has never lived outside of Pakistan so we will have to see what is being proposed to him.
BATMAN
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You just said it all.
it is a usual attept to strip Pakistan of a leader.
Next we will witness victimisation of those who support Musharraf.
Interceptor
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Asim,
MQM wont be supporting either side, they will stand neutral, as I picked up from sources they wont vote, as for Sherpoa they were quite harsh with PML-Q and might stay that way, plus there is already a break away movement with in the PML-Q of more than a dozen MA/MNA and Senators all together who have already conveyed that they will vote for impeachment.
And another push is that the PPP might not be that friendly anymore, there is reports circularing that they may have been influenced to try Musharraf with in effect of the Parlaimentry session, PML-N like I said way back, they are out there for revenge. Musharraf may have taken a stance he wont resign he is going to go through the process its going to be a politcal scene unpresdented in Pakistani history.
MQM wont be supporting either side, they will stand neutral, as I picked up from sources they wont vote, as for Sherpoa they were quite harsh with PML-Q and might stay that way, plus there is already a break away movement with in the PML-Q of more than a dozen MA/MNA and Senators all together who have already conveyed that they will vote for impeachment.
And another push is that the PPP might not be that friendly anymore, there is reports circularing that they may have been influenced to try Musharraf with in effect of the Parlaimentry session, PML-N like I said way back, they are out there for revenge. Musharraf may have taken a stance he wont resign he is going to go through the process its going to be a politcal scene unpresdented in Pakistani history.
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