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Saturday, August 9, 2008

Musharraf impeachment move a first for Pakistan

ISLAMABAD - Pakistan is headed into uncharted constitutional waters with the announcement by the ruling coalition that it will seek the impeachment of President Pervez Musharraf.
It is the first time that impeachment proceedings have been launched against a president despite the Islamic republic's 61-year history of turbulent and often bloody politics, and wrangles over the procedure are likely to play a role.
The coalition's struggles to get the necessary two-thirds majority in both houses of parliament will also be crucial.
Article 47 of Pakistan's 1973 constitution says the president can be "removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the constitution or gross misconduct."
Under the constitution, at least half of either the national assembly, the lower house of parliament, or the Senate, the upper house, must sign a written notice of the intention to impeach the president.
The speaker of either chamber then has three days to give it to the president.
Then the speaker must summon a joint sitting of the houses "not earlier than seven days and not later than 14 days" after the president receives the notice.
The sitting will then "investigate or cause to be investigated" the charge sheet.
The constitution says that "the president shall have the right to appear and be represented during the investigation, if any, and before the joint sitting."
If a resolution to impeach the president is passed by two-thirds of the combined houses of parliament, "the president shall cease to hold office immediately on the passing of the resolution," it says.
But uncertainty surrounds several elements.
The constitution does not say whether the vote will be by secret ballot, by show of hands or by division -- all crucial at a time when the coalition needs to win over several extra MPs to make up the numbers.
Neither does it lay down any conditions for the "investigation."
Musharraf's allies meanwhile say the charges themselves do not hold up.
"The allegations made against President Musharraf by the coalition leader are not very sound. None of the article 47 provisions apply to him," former information minister Tariq Azim said.

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