Pakistani Supreme court in a land mark decision has allowed President Musharraf to continue the office and contest the forth coming election in uniform, the decision was based on a majority of 6 to 3. Supreme Court of Pakistan today (Friday) in its epoch-making short verdict dismissed all the constitutional petitions declaring them not maintainable and, therefore, President General Pervez Musharraf could contest the presidential election. The majority comprised of Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, and Justice M Javed Buttar. Justice Rana Bhagwan Das, Justice Sardar Muhammad Raza Khan and Justice Mian Shakirullah Jan dissented from the majority and wrote dissenting opinion.
This decision has removed the sword of Damocles hanging over the Presidents head. This was being looked by global pundits and investors as a major key test for continuation of a stable era in Pakistan. Under Musharraf Pakistan has taken some very strong decisions in curbing lawlessness and violent threat from Al-Qaida trained terrorists in North of the country.Tyranny of freedom lovers!!!! Some lawyers are rewriting the terms of judiciary, the decision that favors their agenda is great but any decision like the present majority decision is considered as evil and in their opinion reflects a judiciary that is arrested by the executive. The only decision acceptable is a decision that favors their movement; this is new tyranny of freedom lovers.
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 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. A lawyer for Imran Khan, a former cricket star and now the outspoken leader of a small opposition party, decried the ruling as a taint on the judiciary that had asserted itself when Musharraf attempted to oust the chief justice.
“We thought the judiciary had become independent. But what we have seen today shows that we have a long way to go,” said lawyer Hamid Khan. “It is a wrong decision and it will be proven wrong by the history of Pakistan.”
Lawyers say that if the election commission approves Musharraf’s candidacy on Saturday, the only legal recourse would be to challenge it in a provincial high court, which could take months. The commission has already changed presidential election rules in Musharraf’s favor.
Justice Javed Iqbal on September 20 in a passing remark had 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.
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