Dated: 3rd november 2007
Assad Hameed
Islamabad - Supreme Court has adjourned till next Monday the hearing of legal challenge against qualification of President General Musharraf to further hold the presidency with the observation that imposition of Martial Law would not affect the working of superior courts, they would continue to dispense justice at the touchstone of Constitution.
Justice Javed Iqbal, who is heading the 11-member bench of apex court seized with the hearing of these petitions, has also observed that taking oath under Provisional Constitutional Order (PCO) is personal decision of a judge.
As the hearing of this vital case of massive political and legal importance is heading towards the final round, there was a heated debate among the Attorney General Malik Muhammad Qayyum, Barrister Aitzaz Ahsan who is counsel for one of the petitioners, Justice Retired Wajih Uddin Ahmed, and some members of the bench during yesterday’s hearing.
Besides, Justice Javed Iqbal, other members of the august bench are Justice Abdul Hameed Dogar, Justice Khalil-ur-Rehman Ramday, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice M. Javed Buttar, Justice Tassaduq Hussain Jillani, Justice Raja Fayyaz Ahmed, Justice Ch. Ijaz Ahmed, Justice Syed Jamshed Ali and Justice Ghulam Rabbani.
During the course of proceedings, Justice Javed Iqbal also remarked that elements from all corners are trying to put pressure on the apex court these days but the matter will be decided strictly on merit.
The senior judge gave these remarks in response to a point raised by Waseem Sajjad, the counsel for Federation of Pakistan, who said that some quarters were trying to pressurizing bench by gathering people outside the court and trying to dictate their terms.
At the start of the day, judges tried to convince the counsels from both sides for continuing the hearing of the case on Saturday and then Monday and Tuesday to give an early decision in order to end the uncertainty.
The bench also stated that Justice Raja Fayyaz Ahmed, who was earlier set to avail leave from Monday to attend his daughter’s wedding, has shortened his programme and confirmed his availability for two more days to conclude the case. Justice Raja Fayyaz would now go to Quetta only for Rukhsati of his daughter and miss other wedding celebrations.
The bench was earlier trying to conclude the case by Friday but failed to do so due to lengthy arguments of lawyers from both sides.
However, Aitzaz Ahsan opposed the idea and announced his inability to appear before the bench on Saturday. President Musharraf’s counsel Syed Sharif-ud-Din Pirzada is also going through a medical check-up on the same day. He also submitted an application before the bench seeking an assurance from the government not to take any extra-constitutional step including imposition of Martial Law or Emergency.
After lengthy deliberation, the bench announced that it would hear the case on Monday and Tuesday before putting it off till November 12- a day which could possibly see the end of the lingering legal battle and its eventual outcome.
Resuming his submissions before the bench, Attorney General Malik Muhammad Qayyum clarified that there was no plan before the government to impose Martial Law and all such rumors were baseless.
“I have been meeting with the President but I have not found any such intention”, Qayyum affirmed.
Justice Javed Iqbal regretted that lawyers from both sides are trying to craft an image in electronic media as if the bench was delaying on verdict of present case. He also reminded lawyers on both sides of the bar that they were debating in a fashion as if they were not appearing before the Supreme Court but were standing in a street.
He further remarked that this was not the only issue before the nation and there were many others too, “it is totally wrong to suggest that the bench is inviting uncertainty by lingering on the case of President Musharraf’s qualification,” he obseved. Justice Javed Iqbal made it clear that no one could dictate the bench but also clarified that the court ould not make everyone happy.
In his submissions before the bench, Malik Muhammad Qayyum again insisted that President Mushharf was fully qualified to contest the October 6 presidential election and hold the office for another term.
Seeking dismissal of the petitions before the bench, Attorney General said the incumbent is exempted from the disqualification clause of Constitution in view of 17th Amendment, and thus, fully eligible despite wearing uniform.
Attoreny General was still arguing when the bench arose for the day after putting off the hearing till Monday.
Earlier, in reply to a query from the bench, AG said he would complete his submissions by the end of first on Monday.
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