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Constitutional petitions against Musharaff’s dual-office dismissed

By admin | September 28, 2007

ISLAMABAD: Supreme Court of Pakistan today (Friday) in its epoch-making short verdict dismissed all the constitutional petitions declaring them not maintainable and, thereby, President General Pervez Musharraf could contest the presidential election.

Earlier during the Friday hearing, Amicus Curiae, Abdul Hafiz Pirzada, Jamaat-e-Islami lawyer, Ikram Sheikh, Tahrik-e-Insaf’s lawyer Hamid Khan and the attorney of the Lawyers Forum, A. K. Buttar had completed their arguments.

Abdul Hafiz Pirzada said that whosoever would be the president after November 15 would be a civilian. Arguing this he said that the law of necessity still existed. The Apex Court could give exemption to any highly placed government personality. He said that if the Court rescinded the 17th Constitutional Amendment, then the existing system would go haywire. At this juncture, Justice Rana Bhagwan Das in his remarks said, “We have buried the law of necessity.”

The nine-member Bench of the Supreme Court, in which, the Chief Justice was not included, but headed by the Justice Rana Bhagwan Das, pooling together the six different petitions against the dual-office of the president, had started formal hearing of these petitions from September 17.

President’s attorney, Sharifuddin Pirzada during the hearing on September 18 told the Court that President Musharraf after his re-election would doff his uniform. Submitting a written statement in the Court on September 19, Syed Sharifuddin Pirzada said that if the President got re-elected, then he would give up the Army slot and prior to taking oath as president doff the uniform.

Imran Khan’s lawyer, Hamid Khan on September 20 presented in the Court the particulars relating to the President Musharraf’s professional responsibilities.

Justice Javed Iqbal on September 20 in a passing remark said that the 17th Constitutional Amendment provided crutches to President Musharraf, not by the Supreme Court.

Amid Amicus Curiae S. M. Zafar and Aitezaz Ahsan were also included.

The nine-member larger Bench hearing the identical constitutional petitions comprised of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M Javed Buttar.

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