July 2009 verdict should be declared unlawful: Musharraf’s lawyer
ISLAMABAD: A fourteen-member larger bench of the Supreme Court heard the review petition filed by former President General Pervez Musharraf against the apex court's verdict issued on July 31, 2009...
January 28, 2014
Musharraf’s lawyer Ibrahim Sathi Advocate argued that not all unconstitutional acts fell under the category of treason and the July 31, 2009 verdict should be declared unlawful.
Justice Asif Saeed Khosa remarked that Pervez Musharraf suspended the constitution, remained president under the same constitution and now he refused to accept the constitution.
Earlier during proceedings, Satti Advocate in his arguments said Musharraf 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 said 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.
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.
The hearing of the petition has been adjourned till tomorrow (Wednesday).
