The head of the 11-member Supreme Court bench, Justice Javed Iqbal, has categorically stated: "This bench would not be pressurised by threats of imposition of martial law or emergency in the country in deciding petitions against General Musharraf's re-election.
The bench is hearing petitions against re-election of President Musharraf and his holding of offices of the President and Chief of the Army Staff. President Musharraf's present term expires on November 15, and under the law he could not retain two offices after November 16, 2007.
At the end of Thursday's hearing, Justice Javed observed that the bench had indicated to complete hearing of the petitions on Thursday or Friday as one member of its bench would not be available for a week due to marriage of his daughter. He said, the counsel for the petitioners and Attorney General had taken more time in making their submissions whereas the President's counsel Syed Sharifuddin Pirzada, and the Federation's counsel Wasim Sajjad had yet to argue their case.
He said the hearing would now be completed between November 12 and 16, 2007.
Petitioner Wajihuddin Ahmad's counsel Aitezaz Ahsan pointed out that earlier the government had been insisting on an early decision, but now it was dragging the proceedings, which showed something was being cooked up by the government.
He said the responsible government ministers had been making statements that if the decision was not in the President's favour, then the government might impose martial law or a state of emergency.
Attorney General Malik Mohammad Qayyum clarified that he had not made any statement to this effect and had been arguing his case on merit. Aitezaz named Sheikh Rashid Ahmad and some other federal ministers who had been making such statements to threaten the court. He stressed that the Supreme Court should bury the "doctrine of necessity" for ever in deciding the cases of such national importance.
Justice Khalilur Rehman Ramday observed: "though we have buried the doctrine of necessity, still its soul surfaced from time to time." Qayyum said the court had buried this doctrine for ever.
Justice Javed Iqbal said: "I want to assure everyone that this bench would neither be cowed down or pressurised by statements about martial law or emergency, nor would it become a 'hostage' to any group." He said the court was not afraid of anyone and it would something in this case to bury soul of doctrine of necessity forever.
Earlier, Attorney General argued that the court had no jurisdiction to question the validity of election of the President. In this connection, he cited Supreme Court judgements in the cases of President Fazal Elahi, President Farooque Leghari, President Ghulam Ishaque Khan and President Mohammad Rafiq Tarar.
He also argued if the court held that the Chief of Army Staff or a government servant could not be a candidate for the office of the President it should be from prospective effect and should not apply to General Pervez Musharraf.
Qayyum will continue his arguments on Friday morning. The 11-member bench comprises Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Mohammad Nawas Abbasi, Justice Faqir Mohammad Khokhar, Justice M. Javed Buttar, Justice Tassaduq Hussain Jillani, Justice Raja Fayyaz Ahmad, Justice Chaudhry Ejaz Ahmad, Justice Jamshed Ali, and Justice Ghulam Rabbani.
Comments
Comments are closed.