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SC likely to decide maintainability issue of Musharraf’s review petition today

SC likely to decide maintainability issue of Musharraf’s review petition today

Supreme-Court-of-PakistanISLAMABAD: The Supreme Court of Pkaistan has adjourned the hearing of former president Pervez Musharraf’s review petition till today (Wednesday) with observation that the counsel of former dictator should complete arguments over the maintainability of the petition till 11:00 am today (Monday). Meanwhile during the hearing Justice Asif Saeed Khan Khosa said decision of 31st July would not be used in treason case against Musharraf. Chief Justice Tassaduq Hussain Jilani said SC could direct the special court to conduct fair trial without any influence. Musharraf’s counsel Ibrahim Satti said if Musharraf is accused then he should be tried for 100 times but this trial should not be conducted on the desire of any person.

A 14 member larger bench of the apex court headed by Chief Justice Tassaduq Hussain Jillani on Tuesday heard the case of the review petition filed by former president General (retd) Pervez Musharraf against court’s verdict issued on July 31, 2009 against the November 3, 2007 emergency.

Court has directed the learned counsel to tell date of departure of former president to abroad, adding that after leaving the presidency Musharraf remained present in the country and why he had not filed the review petition as petition has been filed now after the start of high treason case.

The court has inquired from the counsel, if SC direct the special court engaged with hearing of the high treason court to not consider the judgment of the Sindh High Court Bar case given on July 31, 2009 and Iqbal Tikka Khan case than Musharraf would satisfied or not? Meanwhile the court on the request of Ibrahim Satti has allowed to expunge a paragraph from the review petition, stating that Musharraf do not accept the constitution.

The counsel of Musharraf has said that Musharraf can not get the justice in presence of the 31 July judgment, adding that the death sentence can be given to his client and justice should be done with the former president. It Musharraf failed to get justice from the court than court of the God would give him justice, Satti added.

The counsel further contended that all decision have been give with the prejudice because former Chief Justice Iftikhar Muhammad Chaudhry had personal enmity with Pervaiz so 15 days before leaving his office former CJP has constituted a tribunal for trail of the twice elected president. If Musharraf stands guilty than he should be punished but he should be given chance to get justice from the courts, Satti said. He said that there is complete biasness, adding that on the violation of the constitution the president can be impeached instead of high treason trail.

He requested the apex court to nullify its 14 member bench decision because court has not heard the Musharraf during the hearing of case, adding that court sent the notices to Musharraf on his farm house where the employee Hassan had not received and court did not served the notices to former president as he was abroad. Court was bound to serve the notices abroad as many other cases notices had been served through foreign ministry and other sources.

Satti said that his client was given the right to make amendments in the constitution and that changes were made in more than 100 articles. He further said that Musharraf issued a new oath for judges following the PCO in 2000 and that former chief justice of Pakistan Iftikhar Muhammad Chaudhry was also among those who took oath under PCO.

A reference was filed against ex- chief justice on March 9, 2007 while the SC ordered to restore him on July 20, 2007. After the former CJ was restored, referring authority did not file a review petition.
Ibrahim Satti Advocate further argued that original draft of the PCO was not made part of the court’s order.

On this, Justice Tassaduq Hussain Jillani inquired about the content of the original draft. Replying to this, Satti told that emergency was imposed on November 3, 2007 after consulting the armed forces and chief of army staff. Governor, Corps Commander and chief of army staff were onboard regarding the decision.

Former premier Shaukat Aziz had apprised Pervez Musharrf through a letter that the country was going through a constitutional crisis.
Ibrahim Satti told that Musharraf issued three orders on November 3, 2007. The first order was issued as the chief of army staff while the other regarding the judges’ oath was issued as the president of Pakistan.

He continued saying that during the tenure of Abdul Hameed Dogar, no one claimed that he was the chief justice. Iftikhar Muhammad Chaudhry was restored through an executive order on March 16 and he waited for Dogar’s retirement until March 24. after the restoration of Justice Chaudhry various petitions came against the Pervaiz Musharraf.

Satti said that when the case was initiated, Musharraf was not the party in the case. Attorney General gave a statement on behalf of the federation that the government did not support the November 3 steps.

Chief Justice Tassaduq Hussain Jillani said that the Parliament did not endorse the steps taken on November 3, 2007. Ibrahim Satti told that Pervez Musharraf received the notice on April 22 but he was in London due to the threats he had received from Taliban.

Justice Asif Khosa observed that it seems that Musharraf has filed review petition after the start of high treason case, adding that before the start of the case on one has suggested him to do so.

Justice Jawwad S Khawaja and Justice Saqib Nisar inquired, whether Musharraf was aware of the SC decision announced on July 03, 2009.
Earlier Satti said that Musharraf was aware but later contended that he would reply the question after consulting his client.

The court raised question that if some on declares the emergency in the country than what would be the action against that decision in light of 18 th constitutional amendment.

Ibrahim Satti said that 14 judges of the court of the apex court have given verdict without hearing the petitioner as former chief justice constituted the bench, adding that judges have given verdict to achieve their goal. Upon that Justice Asif Khosa said to Mr. Satti “you have cleaned with same brush to all judges of the court”, although the court has made it clear the SC has nothing to do with the treason case.

The court observed that the high treason case is linked with the federal government.

SAtti arguing on the issue of the time bard petition, has given the reference of five judgments including the judgment of Nawaz Sharif, plane high jacking case. He said that court entertained the Nawaz Sharif’s time bard petition.

Later the court directing Musharraf’s counsel to complete the arguments on maintainability of the case till 11-AM has adjourned the hearing till today.

It may be mentioned here that a 14-member bench of the SC had declared the November 3, 2007 emergency imposed by Musharraf as illegal and unconstitutional.

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