Court proceedings

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Daily Times - Leading News Resource of Pakistan

10-member SC bench to hear pleas against Musharraf’s candidacy

* SC serves notices on Musharraf and AGP

By Irfan Ghauri

ISLAMABAD: The Supreme Court on Wednesday served notices on the attorney general and other respondents, including President Pervez Musharraf, in petitions challenging the candidature of the president for the next term and acceptance of his nomination papers by the Election Commission.

At the onset of the hearing, Justice Sardar Raza Khan declined to sit on the nine-member bench, saying that he had already given his opinion on the same issue a few days ago. Justice Javed Iqbal referred the matter to the chief justice who later re-constituted the bench, adding two other judges-Justice Khalilur Rehman Ramday and Justice Tassadaq Jillani-to the bench. Justice Iqbal told Hamid Khan, counsel for the lawyers’ nominee for the presidential election, Wajeehuddin Ahmad, that he shouldn’t argue before the bench if he lacked faith in the bench as pointed out in some media reports. Hamid Khan said he had full confidence in the bench. Justice Iqbal said the credibility of a bench must not be judged by a single verdict.

Hamid Khan said the chief election commissioner had amended presidential election rules in violation of the Constitution and for the “benefit of a person who has approved these rules”. He said Musharraf’s election to the office would be repugnant to Article 17 (2) of the Constitution. The bench, at one stage, said the 17th Amendment allowed Musharraf to hold two offices. Hamid Khan said no election could take place before the expiry of Musharraf’s ongoing term in office on November 15. When the court said that Justice Wajeeh was himself a candidate for the election, Hamid Khan replied, “We’ve done it as a protest.”

When Justice Iqbal asked if there was a legal embargo on the election before the expiry of the presidential term, Hamid Khan replied in the affirmative. Dr Farooq Hassan, counsel for petitioner Rehan Wasim, said the entire process was of no value after the EC had amended the presidential election rules. Separately, the CJP denied Justice (r) Wajeeh request for the constitution of full court to hear his petition against Musharraf’s re-election and acceptance of his nomination paper.

It all seems quite even stevens. Justice Iqbal will be a key figure here and its very difficult to read him. He asked the petitioners some difficult questions but also assured them that the bench shouldn't be judged based on one verdict.

Justice Ramday has also been added to the foray and we know he threw his weight against Musharraf the last time.

Interestingly Hamid Khan told the bench there was a legal embargo, on Musharraf being elected before his term ends. The military post is not counted as office of profit till the nov. 15th since the constitution states "other than an office declared by law "

 

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First of all Asim according to Clause 6, Article 41 of the constitution his election can not be challanged at any forum not even at SC.
These petitions rather be some objection not challenging it.
There is another clause according to which the elections of the President must be conducted till Oct 6, and these can not be delayed and any objection could be filed and heard at SC withing 15 days of the announcment of these elections so now the court may hear these cases but there are only two days left in presidential polls so we all must know that the election will be conducted on Oct 6.
As far the cases filed by Fahim and Wajihuddin well may be hearing in these go even after Oct 6 but in that case if Musharraf is elected, according to the constitution these cases automatically will be dismissed even if they win.
indeed Musharraf had outsmart everyone that too within constituional limites.

 

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Today I heard Justice Iqbal, almost threatened Contempt of Court charged on Wajihuddin, because he wouldn't shut up (to the media) and kept bickering when things weren't going his way.

The Lawyer intervened and apologized on Wajihuddin's behalf.

 

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The SC had warned Geo and ARY to refrain from passing insulting remarks on the court for its decisions .

It said court does not want to hinder in media/press freedom but these should also take care.

 

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Associated Press of Pakistan - Petitions over presidential polls cannot be filed in SC under Article 184 (3): Attorney General

Petitions over presidential polls cannot be filed in SC under Article 184 (3): Attorney General

ISLAMABAD, Oct 4 (APP): Attorney General Malik Muhammad Qayyum said Thursday that the aggrieved parties should approach High Courts under Article 199 of the Constitution as constitutional petitions related to presidential election cannot be filed in the Supreme Court under Article 184 (3). In his arguments, the Attorney General said the three petitions filed in the top court should be declared non-maintainable and petitioners should be directed to approach High Court for remedy.

Jurisdiction of High Court under Article 199 is being by-passed by approaching the Supreme Court under Article 184 (3) of the Constitution instead of invoking the jurisdiction of High Court for challenging the order of the Election Commission.

Presidential election is a constitutional process and election should be held in accordance with the constitution as it is a mandatory requirement of the constitution. The process of the presidential election could not be stopped under Article 184 (3), he said.

Opposing the request for granting stay order for a few days, the Attorney General said that the petitioners want stay only to gain time for the dissolution of the NWFP assembly.

The petitioners want that election should not be held but Musharraf should continue without election, the Attorney General said.

The Attorney General cited various judgments passed by the Indian Supreme court and said that presidential election was held in India even after the dissolution of two provincial assemblies.

The 10-member bench of the apex court headed by Justice Javed Iqbal comprising Justice Abdul Hameed Dogar, Justice Khalil-ur-Rehman Ramday, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Tassaddaque Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Syed Jamshed Ali Shah and Justice Ghulam Muhammad Rabbani adjourned the hearing till Friday.

The Attorney General said that aggrieved parties always approached High Courts against an order of the Election Commission and gave examples of ex-President Muhammad Rafique Tarar and others.

The bench took serious note of a media statement given by one of the petitioners, Justice (Retd) Wajihuddin Ahmed, against some members of the bench and directed counsel Hamid Khan to ask his client to appear before the court and explain his position.

“What your client is doing. Some people are talking of torching Supreme Court and some are burning copies of the verdicts of the Supreme Court. Every one is saying what he wants against the judiciary. Is this independence of the judiciary?, Justice Javed Iqbal observed.

“Such derogatory remarks against the judiciary cannot be digested by us,” Justice Iqbal said.

Giving a warning to some private TV channels, Justice Javed Iqbal said they should “stop holding mock courts.”

“We do not want to restrict independence of the media but media should realize its responsibility,” he said.

He said there should be no comment on the ongoing case which will be decided in accordance with law, Justice Iqbal remarked.

“We will not let this court become a hostage. Whosoever will commit contempt of court will be dealt with in accordance with law,” Justice Raja Fayyaz observed.

Hamid Ali Khan offered regrets over remarks of his client and said, “I regret and it will not be repeated.”

“Thank you but your client should regret himself,” Justice Muhammad Nawaz Abbasi said.

If the petitioner has no trust and confidence in the bench and the Supreme Court then why he had filed petition in this court, Justice Javed Iqbal asked.

“This is last warning to every one. Do not comment on verdict of the Supreme Court without reading reasoning behind the judgment. In the judgement of Jamaat-e-Islami we did not uphold that General Pervez Musharraf was qualified to take part in the election with uniform,’ Justice Javed Iqbal said.

Justice Khalil-ur-Rehman Ramday said, “Supreme Court does not want conflict with parliament or any other institution. We decide cases according to concience and honesty.”

Supreme Court has already upheld in various judgements that there will be no interference in election matters except in an exceptional situation, Justice Javed Iqbal pointed out.

Justice Ramday observed a decision before the polls would be appropriate instead of after the completion of the process and swearing in of president by the chief justice.

Beisdies Justice (Retd) Wajihuddin Ahmed, petitions were filed by Makhdoom Amin Fahim, parliamentary leader of Pakistan Peoples Party Parliamentarians and Rehan Waseem under Article 184 (3) of the Constitution against holding of forthcoming presidential election.

 

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Front & Back Page News Updates

10-member larger bench | Equally split verdict possible

Jalil ur Rehman

LAHORE: The 10-member larger bench of the Supreme Court of Pakistan has only two working days before the presidential election, which is to be held on October 6.

Though the Supreme Court is competent to pass any appropriate order or even to stay the polls or issue a restraint order yet the constitutional experts are not fully sure as to what turn the circumstances and the pending constitutional petitions will take during the hearing of next two days i.e. Thursday and Friday.

However, the jurists and the constitutional experts are of the view that the situation will become more interesting in case, at the time of rendering its verdict, the 10-member bench is equally divided so that five judges decide to accept the petitions while other five decide otherwise giving the verdict that these petitions were not maintainable and none of the fundamental rights had been breached with the holding of presidential election. In case such a situation arises, the petitions shall be referred to Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry again who may constitute another larger bench comprising those judges who did not sit in the 10-member bench to decide afresh the issues raised before it. Supposedly, if there exists an equal split among 10 judges larger bench then the judgment shall be sent to the honourable Chief Justice of Pakistan (CJP) who may either constitute a three or five judges bench to examine the split judgments rendered by both sides and render its own verdict in the light of dissenting judgments. The rest of the judges who were not members of the 10 judges larger bench could be included in the new bench to be constituted in case an equal split judgment was rendered on the petitions of Wajihuddin Ahmed and Makhdoom Amin Fahim.

A long time back in the Lahore High Court two judgments rendered a split verdict in the case of late Sheikh Rashid Ahmed versus Majid Nizami. It was a defamation suit in which one judge dismissed the suit while the other accepted it and passed a decree against Majid Nizami. This judgment was referred to the chief justice of that time who sent the case to another judge who examined deeply the split judgment and then agreed with the judge who had dismissed the suit.

Therefore, in case of an equal split judgment rendered by 10 judges larger bench the verdict so rendered would be presented to the honourable CJP who may constitute a three or five judges bench to examine both points of view in the judgment and give its verdict afresh in the light of that judgment. There are also chances of a majority view judgment on petitions of Wajih and Fahim. However, for all these propositions of rendering verdict the time factor is the most important and crucial both for the government and the aggrieved Wajih and Fahim.

If the utmost effort of Wajih and Fahim could be on Thursday or Friday to have a stay order in their favour the federal government would be happier and more satisfied in case the hearing of these two important constitutional petitions is put off till after Saturday which is the polling day. Needless to add that once a notification is issued by the Chief Election Commissioner that President General Pervez Musharraf stands re-elected as head of the state it would be very difficult to strike down that notification and that too of the head of the state.

The 10 judges larger bench constituted Wednesday by the Chief Justice of Pakistan Iftikhar Chaudhry is headed by Justice Javed Iqbal, while nine other judges on the bench are Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramdey, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Jamshed Ali and Justice Ghulam Rabbani.

Two aggrieved before the 10 judges larger bench namely PPPP President Makhdoom Amin Fahim and Wajihuddin Ahmed, a retired judge of the apex court, have all the genuine locus standi so far as their petitions are concerned in terms of article 184(3) of the Constitution. Interestingly, both are the candidates for the election of President of Pakistan and nomination papers of the both have been accepted and entertained by the Chief Election Commissioner of Pakistan accordingly. In the earlier constitutional petitions Jamaat-i-Islami Amir Qazi Hussain Ahmed and Tehrik-i-Insaf chief Imran Khan were the two main petitioners but none of them was a candidate for the office of President of Pakistan. Thus both Fahim and Wajih are the two main aggrieved persons within the definition of aggrieved persons and have all locus standi to agitate their legal and constitutional grievances before 10 judges larger bench of the Supreme Court.

In case of split among the 10 judges larger bench and in view of the previous short order verdict rendered on the constitutionality of the dual office of President General Pervez Musharraf the jurists of the country predict and expect a split judgment again.

In the new 10 judges larger bench two judges included on Wednesday by the Chief Justice are Justice Khalilur Rehman Ramdey and Justice Tassaduq Hussain Jillani. Both the judges included in the larger bench hail from Lahore.

 

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SC had rejected petitions to take stay on Presidential polls.

The elections will be held tommorrow as per schedual but the SC had also given judgment not to declare the result of Presidential election till October 17th

hmmm
now that is very intresting means Problems for Musharraf .

 

[genmirajborgza786]

what is going on in the SC things are getting pretty confusing.