SC Rules in favor of Musharraf: Allowed to contest elections as Army Chief

[Awesome]

Just came on Geo, still waiting for details.

 

[Awesome]

Bloomberg.com: Worldwide

Pakistani Court Allows Musharraf to Seek Second Term

By Khalid Qayum and Khaleeq Ahmed

Sept. 28 (Bloomberg) -- Pakistan's Supreme Court allowed President Pervez Musharraf to seek a second five-year term in an election next month, clearing the way for a key U.S. ally to extend his eight-year-old rule.

The applications challenging Musharraf's plan to seek a second term while keeping his post of army chief were dismissed, according to a ruling read out in the court by Rana Bhagwandas, the second most senior judge. A panel of nine judges of the Supreme Court issued the ruling in Islamabad.

The panel rejected a challenge lodged by Qazi Hussain Ahmed, an Islamic opposition leader, that under military regulations Musharraf, 64, is too old to be eligible to head the army and isn't allowed under the constitution to stand for a second five- year term as president while keeping that post.

``The nation did not expect such a verdict as it is against constitutional and judicial norms and the judges are just trying to save their jobs,'' said Javed Hashmi, acting president of Pakistan Muslim League-Nawaz, which is led by exiled leader Nawaz Sharif.

Musharraf, who is facing the biggest opposition since he took power in a 1999 military coup, is seeking support for his re-election as president on Oct. 6 while retaining his post as army chief. Opposition parties want him to quit and Islamic groups oppose his support for the U.S.-led fight against terrorism.

Hundreds of lawyers and supporters of opposition parties raised slogans against Musharraf after the verdict was announced. Ali Ahmed Kurd, a member of the Supreme Court Bar Association, told reporters outside the Supreme Court building that the ruling was ``shameful'' as it allowed a military dictator to extend his rule.

Three judges on the panel, including Bhagwandas, were of the view that the application may not be dismissed. Six judges voted in favor of dismissing the application challenging Musharraf.

How ridiculous, this same Supreme court was their hero when it ruled in their favor, but now they are calling its ruling shameful.

 

[Awesome]

Pakistan News Service - PakTribune

ISLAMABAD: Supreme Court of Pakistan in its short verdict dismissed all the constitutional petitions declaring them not eligible for hearing and, therefore, President General Pervez Musharraf could contest the presidential election.



The nine-member Bench of the Supreme Court, in which, the Chief Justice was not included, but headed by the Justice Rana Bhagwan Das, pooling together the six different petitions against the dual-office of the president, had started formal hearing of these petitions from September 17.

President’s attorney, Sharifuddin Pirzada during the hearing on September 18 told the Court that President Musharraf after his re-election would doff his uniform. Submitting a written statement in the Court on September 19, Syed Sharifuddin Pirzada said that if the President got re-elected, then he would give up the Army slot and prior to taking oath as president off the uniform.

Imran Khan’s lawyer, Hamid Khan on September 20 presented in the Court the particulars relating to the President Musharraf’s professional responsibilities.

Justice Javed Iqbal on September 20 in a passing remark said that the 17th Constitutional Amendment provided crutches to President Musharraf, not by the Supreme Court.

Amid Amicus Curiae S. M. Zafar and Aitezaz Ahsan were also included.

The nine-member larger Bench hearing the identical constitutional petitions comprised of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M Javed Buttar.

Justice Javed Iqbal on September 20 in a passing remark said that the 17th Constitutional Amendment provided crutches to President Musharraf, not by the Supreme Court.

At heart is the 17th Amendment. Allama Iqbal's son, here has put it quite right that the amendment was done by these same lawmakers and the SC. The supreme court merely gave its approval to Musharraf in light of global occurrences at the time, like September 11. Even though the constitution still bars the President to hold dual office, a special permission can be granted by the SC.

 

[Bull]

Till Pakistanis start recognising the establishments it will have to continue in the vicious cycle of democracy-dictatorship.

 

[IceCold]

ISLAMABAD: The Supreme Court ruled Friday that military ruler Pervez Musharraf can run in presidential polls next week while keeping his role as army chief, dealing a major blow to the opposition.

The court threw out a raft of legal challenges that argued that Musharraf was ineligible to stand for another five-year term in office in the October 6 election.

Opposition supporters threw rotten eggs and tomatoes at the imposing marble court building in Islamabad and chanted "Shame! Shame!" and "Go, Musharraf, go!" after the verdict was announced.
"The petitions hereby are dismissed as not maintainable" by a 6-3 majority, said Rana Bhagwandas, the head of the panel of nine judges hearing the petitions.

Musharraf, 64, has promised to quit his military role by November 15 if he is re-elected. But he had not ruled out dissolving parliament or even imposing martial law if blocked by the court.

Six of the nine-judge larger bench gave verdict in favour of dismissing the petitions while other three judges, Justice Rana Bhagwandas, Justice Sardar Muhammad Raza Khan and Justice Shakirullah Jan differed.

The decision came at 3-30 pm, delayed by 75 minutes as it was scheduled to be announced at 2-15 pm. After the decision announced, lawyers and political workers severely reacted and chanted slogans.

The nine-member larger bench of the Supreme Court, headed by Rana Bhagwandas, heard the constitutional petitions.

Earlier, Abdul Hafiz Pirzada, Jamaat-e-Islami lawyer, Ikram Sheikh, Tahrik-e-Insaf’s lawyer Hamid Khan and the attorney of the Lawyers Forum, A. K. Buttar had completed their arguments.

Abdul Hafiz Pirzada said that whosoever would be the president after November 15 would be a civilian. Arguing this he said that the law of necessity still existed. The Apex Court could give exemption to any highly placed government personality. He said that if the Court rescinded the 17th Constitutional Amendment, then the existing system would go haywire. At this juncture, Justice Rana Bhagwan Das in his remarks said, “We have buried the law of necessity.”

The nine-member Bench of the Supreme Court, in which, the Chief Justice was not included, was headed by the Justice Rana Bhagwan Das, pooling together the six different petitions against the dual-office of the president, had started formal hearing of these petitions from September 17.

President’s attorney, Sharifuddin Pirzada during the hearing on September 18 told the Court that President Musharraf after his re-election would doff his uniform.

Submitting a written statement in the Court on September 19, Syed Sharifuddin Pirzada said that if the President got re-elected, then he would give up the Army slot and prior to taking oath as president doff the uniform.

Imran Khan’s lawyer, Hamid Khan on September 20 presented in the Court the particulars relating to the President Musharraf’s professional responsibilities.

Justice Javed Iqbal said on September 20 that the 17th Constitutional Amendment provided crutches to President Musharraf, not by the Supreme Court.

The nine-member larger Bench hearing the identical constitutional petitions comprised of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M Javed Buttar.

 

[Awesome]

Till Pakistanis start recognising the establishments it will have to continue in the vicious cycle of democracy-dictatorship.

Recognizing the SC doesn't count?

 

[Spring Onion]

How ridiculous, this same Supreme court was their hero when it ruled in their favor, but now they are calling its ruling shameful.

yes Asim it shows how much these upholders of law and constitution are worth.

Technically the decision is according to the constitution and not for saving jobs as Javed Hashmi idiotly said.
The article 43 of the constitution which the petitioners were trying to get benfit of in the case, Is already suspended till the expiry date of the presidentship.
Hence this could not be implied so SC is very much fair to give the verdict.

 

[Bull]

Recognizing the SC doesn't count?

SC is one of the establishments i meant.

 

[Spring Onion]

SC is one of the establishments i meant.

Bull i couldnt get you but if you are talking about SC being part of the present establishment then it is not so.
Rather the SC at the moment is working freely and this verdict is as i said before not only correct on tehcnical ground but also on merit.

 

[AgNoStiC MuSliM]

"Justice has triumphed," said presidential spokesman retired Gen. Rashid Qureshi. "This is good for the future of Pakistan."

Qureshi said accusations that the government had pressured the Supreme Court were "ridiculous."

"It just goes to show what poor losers these people are," he said. "If something goes against them, they start crying like babies."

The last sentence summed it up quite nicely. Verdict after verdict against the government by the same court, and nigh a word from the government other than "we will accept the decision of the court". One verdict in favor of the GoP, and the true hypocrites and and agents of marginalization of State institutions come to light.

 

[blain2]

A very good ruling. Now if only the losers play fairly and accept it and move on then we would be in business.

 

[Bull]

Bull i couldnt get you but if you are talking about SC being part of the present establishment then it is not so.
Rather the SC at the moment is working freely and this verdict is as i said before not only correct on tehcnical ground but also on merit.

What?!!

Thats what i meant. It has to be respected by Pakistanis and its decision adhered to and not made a debating topic.

 

[AgNoStiC MuSliM]

Maybe, just maybe, the whole CJ issue was a master stroke conceived by Mushy. The two were really in cahoots. By going through the whole drama of sacking the chief justice and then having a "newly independent court" reinstate him, pass some verdicts against the GoP, Mushy was able to legitimize the SC and get the opposition to commit to and commend its independence and neutrality. So now when the "important" verdict was announced, the opposition fell into the trap and disgraced and discredited itself by questioning and disrespecting the decision of the same court whose praises they were singing earlier.

 

[Awesome]

Maybe, just maybe, the whole CJ issue was a master stroke conceived by Mushy. The two were really in cahoots. By going through the whole drama of sacking the chief justice and then having a "newly independent court" reinstate him, pass some verdicts against the GoP, Mushy was able to legitimize the SC and get the opposition to commit to and commend its independence and neutrality. So now when the "important" verdict was announced, the opposition fell into the trap and disgraced and discredited itself by questioning and disrespecting the decision of the same court whose praises they were singing earlier.

Elvis lives!!!!!!!

 

[Spring Onion]

Agno quite right

Let me quote a letter to editor by my Mentor here


SC Verdict


All petitions against the President for holding two offices were dismissed by a 6 to 3 decision of the 9 member larger bench of the Supreme Court today. All in and for the government had already made it known from the day the court proceedings started that they would accept any decision given by the court, and which they did gratefully. But not so the black coats and the opposition leaders, some of who were highly critical of the verdict. In their view the SC, which after becoming fully independent for the first time in Pakistan and having given some historic bold decisions against the establishment, had suddenly lost its credibility and became a reminiscent of the days of Justice Munir and a few others like him. One could expect such remarks from the lay-bystanders but their coming out of the lawyers of great eminence and retired justices is altogether incomprehensible. Do they realize what damage they are causing to the stature of the apex court by showing their discontent to the verdict? Does it not mean that our superior judiciary will never be able to make a ‘correct’ decision, because whoever loses the case will blame it for not having acted judiciously? I take my hat off to Justice Rana Bhagwandas, who under very trying circumstances and simply in response to his conscience went twice against his benefactor who wanted him to hold the highest pedestal in the apex court. And, some of our so called ‘custodians of the law’, have the cheek to doubt the integrity of such an honourable man of such steel nerves and sterling qualities?!