ISLAMABAD, July 22 — The Supreme Court of Pakistan on Wednesday issued a notice to former military President General Pervez Musharraf and summoned Musharraf to appear before the court on July 29.
The case came before the court on the issue of Musharraf’s action on November 3, 2007 of declaring a State of Emergency,sacking Chief Justice Iftkhar Chaudhry, and appointing new Provisional Constitutional Judges.
Petitioner Rashid Rizvi, President of the Sindh Bar Association, had pleaded that Musharraf’s actions were unconstitutional. At the time, then Chief Justice Iftkhar Chaudhry had in a short order declared his action unlawful without constitutional sanction.
Former President of Pakistan, Pervez Musharraf (AP)
But Musharraf removed Chaudhry, along with 60 other judges of superior courts, and installed a Supreme Court of his choice, appointing Abdul Hamid Dogar as the Chief Justice.
The current parliament has not validated Musharraf’s acts, which remain a problem not only for Musharraf but for Zardari government.
The court is dealing with post-November 3,2007 events and actions by former President Musharraf.
One of the advocates who wants Musharraf to appear before the court, Akram Shaikh, said, “It’s the demand of justice that the court gives permission to General Pervez Musharraf to defend his position”. However, according to the law, the top court cannot issue warrants for the arrest of Pervez Musharraf.
There exists a judicial and constitutional crisis about Musharraf’s actions after November 3,2009.
Musharraf’s former Attorney General Malik Qayyum told reporters outside the court, “It is premature [to say] that I will represent Gen.Musharraf.” But he added that the former President has the right to defend his actions.
The President of the All Pakistan Human Rights Commission, Iqbal Haider, who had served as law minister, commenting on the court’s decision, told Arab News, “This not not judicial activism, but the judiciary has performed its lawfull responsibilities”.
Malik Qayyum, however, said the notice issued to Musharraf is a legal step since his actions while in office have not been validated. He said, “A lawyer can represent Musharraf before the court if the former President does not appear before the court on July 29.”
He said its a legal right for Musharraf to defend himself. He said, however, “I may not like to represent Musharraf in this case.”
Another judicial bombshell awaiting General Musharraf is the Supreme Court’s re-visitation of the famous Tikka Iqbal case. In that case, Musharraf’s Chief Justice Abdul Hamid dogar had validated Musharraf’s Nov.3,2007 action.
But Chief Justice Iftkhar Chaudhry on Tuesday questioned the verdict of Justice Abdul Hamid Dogar.
dear sir,
the plea to revisit previous decision of supreme court will open a pandorabox and give birth to another controvercial decision as the constitution of 14 member larger bench is itself violative of natural law wherby you cant be judge of your own case. I wish one of the victims of 3 nov action would have moved the supreme court prior to their reinstatment. the review would render all decision of PCO judges void.
Your comments please.
thank you.
DECISION IS BIGGEST FRAUD
The decision of Supreme Court dated 31st of July 2009 as projected by media is the biggest Fraud in Judicial History of Pakistan when it says that PCO judges have been sent home. PCO Judges are still working and non PCO judges have been sacked, packed and sent home. The beneficiaries of the recent judgment are Chief Justice Iftikhar Chaudhry, Mr. Justice Javed Iqbal, Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan, Mr. Justice Tassaduq Hussain Jillani etc. All these judges violated the constitutional oath and took fresh oath under the PCO of General Musharaf after Pakistan army ousted Nawaz Sharif in October of 1999.
The other set of PCO judges are Justice Faqir Muhammad Khokhar and Justice Javed Buttar etc. including other judges in High Courts who took oath under the PCO on 3rd of November 1999. All of them are judges even today and are still continuing.
Interestingly the judges who have been sent home had never taken oath under any PCO. Most of these Judges were not even appointed in General Musharaf’s period. Infact they were appointed after the restoration of democracy in the country. The name of these judges who took oath under the constitution are as under:-
1) Mr. Justice Pervez Ali Chawla
1) Mr. Justice Habib Ullah Shakir
2) Mr. Justice Nazir Ahmed Ghazi
3) Mr. Justice Abdul Sattar Goraya
4) Mr. Justice Syed Ihtasham Qadir Shah
5) Justice Ms. Jamila Jahanoor Aslam
6) Mr. Justice Mahmood Akhtar Khan
7) Mr. Justice Jamshed Rahmat Ullah
8) Mr. Justice Pervez Inayat Malik
9) Mr. Justice Arshad Mahmood
10) Mr. Justice Irfan Qadir
11) Mr. Justice Syed Zulfiqar Ali Bukhari
12) Mr. Justice Ch. Naeem Masood
13) Mr. Justice Anwar-ul-Haq Pannu
14) Mr. Justice Muhammad Shafqat Khan Abbasi
15) Mr. Justice Imtiaz Rasheed Siddiqui
16) Mr. Justice Bin Yamin
17) Mr. Justice Khalid Ali Z. Qazi
18) Mr. Justice Salman Ansari
19) Mr. Justice Abdul Rehman Farooq Pirzada
20) Mr. Justice Abdul Rasheed Klwar
21) Mr. Justice Zafar Ahmed Khan Sherwani
22) Mr. Justice Syed Mehmood Alam Rizvi
23) Justice Ms. Soofia Latif
24) Mr. Justice Maqbool Ahmed Awan
25) Mr. Justice Safdar Ahi Bhutto
26) Mr. Justice Moharram G. Baloch
27) Mr. Justice Malik Muhammad Aqil
28) Mr. Justice Syed Shafaqat Ali Shah Masoomi
29) Mr. Justice Muhammad Iqbal Mahar
30) Mr. Justice Khadim Hussain M. Sheikh
31) Mr. Justice Muhammad Ismail Bhutto
32) Mr. Justice Arshad Siraj Memon
33) Mr. Justice Aamir Raza Naqvi
34) Mr. Justice Muhammad Karim Khan Agha
35) Mr. Justice Salman Talibuddin
36) Mr. Justice Shaji Rehman Khan
37) Mr. Justice Ghulam Mohayuddin Malik
38) Mr. Justice Ziauddin Khattak
39) Mr. Justice Syed Mussaddiq Hussain Gilani
40) Mr. Justice Syed Yahya Zahid Gilani
41) Mr. Justice Muhammad Alam Khan
42) Mr. Justice Mazhar Hussain Minhas
43) Mr. Justice Muhammad Ashraf Bhatti
44) Mr. Justice Rana Zahid Mehmood
45) Mr. Justice Kazim Ali Malik
46) Mr. Justice Hafiz Tariq Nasim
47) Mr. Justice Khalil Ahmad
48) Mr. Justice MA Zafar
49) Mr. Justice Malik Saeed Ejaz
50) Mr. Justice Syed Shaheen Masud Rizvi
51) Mr. Justice Ali Akbar Qureshi
52) Mr. Justice Muhammad Ahsan Bhoon.
The aforesaid 52 judges have never ever taken oath under the PCO. They have been ousted. The nation is celebrating and all the PCO judges are still continuing as judges. In short the fight between post November 3 PCO judges and post October 12 PCO judges has resulted in ouster of judges who took oath only under the Constitution of Pakistan and never ever under the PCO. The media, PML[N], the lawyers and other political forces are mixed up and are rejoicing the ouster of constitutionally appointed judges and PPP seems ignorant of this fact. Such things can only happen in Pakistan. After General Musharraf dislodged Nawaz’s government on 12th October 1999, Iftikhar Chaudhry in order to save his job took oath under the PCO. However when he lost his job on 3rd of November 2007 he condemned the PCO. Lets stop having double standards. All PCO judges should be removed regardless of the fact whether they took oath under the PCO before 2nd of November 2007 or thereafter. The irony is that PCO judges have removed those judges who took oath only under the constitution and never under any PCO.