ISLAMABAD: Supreme Court on Tuesday adjourned hearing of the constitutional petitions against dual offices of the president till Wednesday. A member of the larger bench Justice Javed Iqbal in his remarks during the hearing said the doctrine of necessity has been buried and now no decision will be based on it. He observed that now no decision would be given by the apex court on the basis of doctrine of necessity. He said the issue before the court was of the 17th Amendment which was passed by the Parliament.
Attorney-General Malik Qayyum, while arguing before the larger bench said the election of President doesn’t affect fundamental rights of any person. Whether President Musharraf’s not contesting the polls is fundamental right of Jamat Islami, he questioned.
Justice Rana Bhagwandas said that it is a matter of national importance that would determine the destination of the nation. Apparently the petition of Jamat Islami seems maintainable, he said. Earlier, the nine-member larger bench of the Supreme Court headed by justice Rana Bhagwandas was informed by Attorney General Malik Mohammad Qayyum that President General Pervez Musharraf will remain the Chief of Army Staff if not re-elected as President for the second term. He submitted that there was no age limit for the retirement of a four- star general under the Army Act.-SANA