The Ghost of Justice Munir is Still Alive

Majumdar, Zeemax,

It is the two offices bill which came into force on 31st December 2004 that the government uses to justify Musharraf's government....

Using article 63 D which states:

he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

they passed this bill:

http://www.pakistani.org/pakistan/legislation/2004/actVIIof2004.html





President to Hold Another Office Act, 2004
Act No. VII of 2004
Gazette of Pakistan, Extraordinary, Islamabad, Part I, 2004, p177-178
November 30, 2004

An Act to enable the President of Pakistan to hold another office

WHEREAS paragraph (d) of clause (1) of Article 63 of the Constitution of the Islamic Republic of Pakistan provides for holding another office of profit in the service of Pakistan if declared by law as such;

AND WHEREAS it is expedient to make declaratory provision enabling the President to hold another office of profit in the service of Pakistan;

It is hereby enacted as follows:-
1. Short title, extent and commencement
(1) This Act my be called the President to Hold Another Office Act, 2004

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the 31st December, 2004.

2 Holder of another office
The holder of the office of the President of Pakistan may, in addition to his office, hold the office of the Chief of the Army Staff which is hereby declared not to disqualify its holder as provided under paragraph (d) of clause (1) of Article 63 read with proviso to paragraph (b) of clause (7) of Article 41 of the Consitution of the Islamic Republic of Pakistan or any other law for the time being in force or any judgement of any court or tribunal:

Provided that this provision shall be valid only of the present holder of the office of the President.]]


Now the only problem is that 63 has been declared as not applicable to the President of Pakistan and 41 still is... 41 makes an office of profit illegal period.

So one can safely say that President cannot hold two offices at the moment... but thats just my opinion.