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Musharraf amends Pakistan's constitution
Rezaul H Laskar in Islamabad
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December 15, 2007 02:45 IST

President Pervez Musharraf [Images] on Friday amended Pakistan's constitution to prevent legal challenges to his actions after imposing emergency on November 3.

Musharraf has already finalised the order to withdraw emergency on Saturday. The president will also address the nation on television and radio at 8 pm.

"The President has promulgated some amendments in the constitution, including one which says that all those judges who did not take oath under the emergency rule cease to hold their offices," said Attorney General Malik Qayyum, a close aide of Musharraf who has played a key role in drafting the order to end the emergency.

Musharraf, who first came to power in a bloodless coup in 1999 by deposing then prime minister Nawaz Sharif, amended six articles of the constitution to consolidate his grip on power ahead of the January 8 parliamentary polls.

According to a statement issued by the law ministry, an amendment was made to article 41 to allow the election of the President before the completion of his tenure of five years.

Article 44 was amended to change the grounds for the disqualification of the President.

Article 270C of the constitution was amended to provide that the judges of the superior judiciary who did not endorse the emergency and refused to take oath under the Provisional Constitutional Order would cease to hold office with effect from November 3. The judges who took oath under the PCO will continue to hold office.

This amendment was made to "clear doubts about the judges who have ceased to hold office. The revival of the constitution after the lifting of emergency will not make them eligible to regain the charge of their offices", the statement said.

Officials also said that there was no need for actions taken by Musharraf during the emergency rule to be indemnified by parliament after the general election.

The other amendments made to the constitution related to the setting up of a High Court for the Islamabad Capital Territory and the appointment of its judges, the lowering of

the minimum age for High Court judges from 45 years to 40 years, and the granting of pension and retirement benefits to deposed judges.

Musharraf had suspended the constitution and key fundamental rights after imposing emergency. Over 5,700 lawyers, judges, rights activists and political party workers were arrested under emergency regulations though most of them have since been released.


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