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Court Endorses Musharraf Election

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Hello Guys the Court has endorses President Pervez Musharraf's Presidential election.


Any of you have the news than post it here.

Please all such news about this development must be sum up with this thread as recently the forum has been flooded with one news again and agan.

Thanks

Jana
 
Court clears Musharraf's continued rule

By PAUL HAVEN, Associated Press Writer
48 minutes ago



ISLAMABAD, Pakistan - A Supreme Court hand-picked by President Gen. Pervez Musharraf swiftly dismissed legal challenges to his continued rule on Monday, opening the way for him to serve another five-year term — this time solely as a civilian president.

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The opposition has denounced the new court, saying any decisions by a tribunal stripped of independent voices had no credibility. Musharraf purged the court on Nov. 3 when he declared emergency rule, days before the tribunal was expected to rule on his eligibility to serve as president.

The United States has put immense pressure on Musharraf to restore the constitution and free thousands of political opponents jailed under the emergency before Pakistan's critical parliamentary election on Jan. 8.

Monday's court ruling could hasten Musharraf's decision to take off his army uniform. The general has said he would quit as armed forces commander by the end of the month, assuming he was given the legal go-ahead by the court to remain as president.

Chief Justice Abdul Hameed Dogar dismissed three opposition petitions challenging Musharraf's victory in a disputed presidential election last month, saying two had been "withdrawn" because opposition lawyers were not present in court.

The third was withdrawn by a lawyer for the party of opposition leader Benazir Bhutto, who suggested the court was illegitimate.

"We asked for (the case) to be postponed because we said there is no constitution," she told reporters in Karachi after a meeting with the U.S. ambassador. She said she had no plans to revive power-sharing negotiations with Musharraf, broken off after the general's decision to declare emergency rule.

"We are not going back to the former track," Bhutto said. "We are interested in a roadmap for democracy, but we do not have the confidence that Gen. Musharraf's regime could give us that road map."

One of Musharraf's first acts after seizing extraordinary powers was to purge the Supreme Court of independent-minded judges. Opponents had argued that he ought to be disqualified under a constitutional ban on public servants running for elected office, which they said applied because Musharraf was still army chief.

The military ruler told The Associated Press last week that he expected the retooled court to quickly endorse his re-election, and he was right. Deliberations lasted less then a day on the most serious cases challenging Musharraf.

The court said it would rule Thursday on another petition from a man whose candidacy for the Oct. 6 presidential election was rejected by the election commission. Only then can it authorize the election commission to announce Musharraf the winner of the vote.

An official in Musharraf's office, who spoke on condition of anonymity because he is not authorized to speak to the media, said Monday's ruling kept the general on track to quit the army by the end of November.

With pressure mounting to get the country on a path to democracy, the government on Monday set Jan. 8 as the date for the parliamentary elections.

The opposition has threatened to boycott, saying a vote held while its members are detained and its freedom to assemble blocked would have no validity. They also have questioned the neutrality of a caretaker government installed by Musharraf last week.

Despite an outcry both here and in Washington, there were no indications Musharraf intended to lift his state of emergency before the vote.

In his first public comments since a sit-down with Deputy Secretary of State John Negroponte, Musharraf vowed that the elections would be fair, but also defended the emergency, which has seen thousands of the general's opponents jailed, the judiciary purged and independent media muzzled.

"I took this decision in the best interest of Pakistan," Musharraf said at a ceremony late Sunday to inaugurate a bridge in the southern port city of Karachi.

"I could have said thank you and walked away," he told the state news agency. "But this was not the right approach because I cannot watch this country go down in front of me after so many achievements and such an economic turnaround."

Musharraf urged the opposition not to boycott the vote, saying that any who do would be acting because they feel they cannot win — not because the playing field is unfair.

Negroponte, Washington's No. 2 diplomat, was blunt in comments Sunday after his meetings with Musharraf and other senior military and political figures, saying the emergency rule was "not compatible with free, fair and credible elections."

But Pakistan was quick to dismiss those concerns, saying the senior American diplomat brought no new proposals on his weekend visit, and received no assurances after urging Musharraf to restore the constitution.

The face-off leaves the Bush administration with limited options in steering its nuclear-armed ally back toward democracy. Senior Bush Administration officials have said publicly that they have no plans to cut off the billions of dollars in military aid that Pakistan receives each year.

___

Associated Press writers Sadaqat Jan, Stephen Graham and Munir Ahmad contributed to this report.
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Court clears Musharraf's continued rule - Yahoo! News
 
Hi Jana,

All the petitons were dismissed (some were withdrawn) apart from one. Some were thrown out because of their wording. There is a petition by Dr.Zahoor Mehdi which will resume on Thursday. Hopefully it will just be a formallity.


SC full court dismisses petitions of Wajihuddin, Amin Fahim, others
ISLAMABAD, Nov 19 (APP): Ten-member full court of the Supreme Court Monday dismissed six petitions including a contempt petition filed by Justice (Retd) Wajihuddin Ahmed and others challenging the eligibility of General Pervez Musharraf to contest Presidential election for the 2nd term, as withdrawn as well as due to non-prosecution.Presidential election was held on October 6 but official notification was not issued as mentioned in the short order passed by the Supreme Court earlier.

Petitions which have been dismissed were filed by Justice (Retd) Wajihuddin Ahmed, Makhdoom Amin Fahim of PPPP, Pakistan Lawyers Forum, Liaquat Baloch of MMA and Dr.Anwarul Haq in the Supreme Court under Article 184 (3) of the Constitution.

Three of them filed by Makhdoom Amin Fahim, Liaquat Baloch and Dr. Anwarul Haq were dismissed as withdrawn and the remaining three petitions including a contempt petition were filed by Wajihuddin Ahmed and Pakistan Lawyers Forum were dismissed due to non-prosecution.

However, petition of Dr.Zahoor Mehdi was not taken up by the full court as service (notice) process was not completed according to the record of the Supreme Court.

The Supreme Court directed the District & Session Judge Gujrat to ensure service/notice to Dr.Zahoor Mehdi and adjourned the case for Thursday.

The full court comprising Chief Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice M.Javed Buttar, Justice Muhammad Qaim Jan, Justice Ejaz-ul-Hassan, Justice Mosa K.Leghari, Justice Ch.Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zia Pervez adjourned the case for November 22 (Thursday).

Representing Wajihuddin Ahmed, M.S.Khattak advocate on record submitted an application and apprised the court that “The matter may please be adjourned as the counsels of this case are not available. One of them Ch.Aitzaz Ahsan has been arrested and the other Hamid Khan is not available so far. Even, I have no knowledge about his whereabouts.”

The full court took serious note for using contemptuous wording in the application and directed the advocate on record to withdraw the application or be ready to face the consequences of such act.

M.S.Khattak said, “I have submitted this application on the instructions of my client (Wajihuddin Ahmed) and I only responsible to the extent of the submission of the application not the contents.”

Justice Muhammad Nawaz Abbasi directed the advocate on record to withdraw the application and tender unconditional apology otherwise his (Khattak) license would be canceled for using such wording about the judiciary as law officer of the court.”

M.S.Khattak tendered written unconditional apology and read out the contents of the apology in the courtroom which was accepted by the court.

However, Khattak refused to start arguments in the main petition and submitted in writing that, “I am unable to start arguments as I was not instructed by my client to do so.”

The court did not accept the plea taken by the advocate on record and dismissed both the petitions of Wajihuddin Ahmed due to non-prosecution.

Raja Shafqat Abbasi advocate appeared and submitted an application before the court praying withdrawal of the constitutional petition filed by Makhdoom Amin Fahim through Sardar Muhammad Latif Khan Khosa but conditionally.

The full court rejected the conditional withdrawal and directed Shafqat Abbasi to withdraw the petition either unconditionally or start arguments.

No petition can be dismissed conditionally. Only it can be allowed unconditionally, Justice M.Javed Buttar observed.

The full court also took serious note over the conditions mentioned in the application submitted by Raja Shafqat Abbasi as counsel of Makhdoom Amin Fahim and directed him (Shafqat) to withdraw the application as well as petition unconditionally or start arguments.

Raja Shafqat Abbasi withdrew the application which was submitted before the court same day and requested the court to allow him withdrawal of the petition filed by Makhdoom Amin Fahim under Article 184 (3) of the constitution against the eligibility of General Pervez Musharraf. The full court accepted the request and allowed withdrawal of the petition by dismissing it as withdrawn.

Muhammad Akram advocate on record requested that “On the instruction of his clients Liaquat Baloch and Dr.Anwar-ul-Haq, I want to withdraw both the petitions” which was allowed and the 10-member court dismissed the petitions as withdrawn.

The court also dismissed the petition of Pakistan Lawyers Forum as its counsel Abdullah Khan Dogar did not appear before the court even after receiving notice due to non-prosecution.

The full court will resume hearing of the petition of Dr.Zahoor Mehdi on Thursday.
 
Thanks Asghar for the news

i also got it.

As far Amin Fahim's petition i think he had withdrawn it in the morning today.

Now lets see how things will shap up as now after the verdict Musharraf has to doff Uniform
On other other hand an intresting development is going to take place as Musharraf is heading to Saudi Arabia Tommorrow.
and it is believed he will hold talks with Nawaz Sharif.
 
Oh My Allah! help uncle mushy to stay in power, he needs Your help as he already has strong recommendations by his dearest mother.

Oh Allah! after a long dreadful bitter history of this nation You have bestowed us with an able leader like uncle mushy, bless him with mental and physical strength to with stand any future adversaries of this nation. Bless him with success as he has done great many good things for the progressive development of Pakistan.

Bestow him with success as good leader on us

ameen.
 
Oh My Allah! help uncle mushy to stay in power, he needs Your help as he already has strong recommendations by his dearest mother.

Oh Allah! after a long dreadful bitter history of this nation You have bestowed us with an able leader like uncle mushy, bless him with mental and physical strength to with stand any future adversaries of this nation. Bless him with success as he has done great many good things for the progressive development of Pakistan.

Bestow him with success as good leader on us

ameen.
serious discussions only please.
 
This decision will never be excepted by the people. The constitution has been suspended the collaborators are hence marked as traitors, this ruling came from handpicked judges in fact some of them were governors.

Article 6! Article 6!

High treason.
(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason
 
So Mushy got what he wanted. Time to lift the emergency now!

Seriously, this was what the whole thing was about isn't it? Mushy didn't want his candidacy to be declared illegal. So he removed the judges who didn't like him and replaced them with those who did. The escalation in violence in tribal areas was only an excuse.
 
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