Supreme Court declares Nov 3 steps unconstitutional

The Supreme Court of Pakistan Friday declared the steps taken on November 3, 2007 by former president Gen (R) Pervez Musharraf unconstitutional thereby opening doors for potential case of treason against him.

Charges of treason can only be brought against him by the parliament. The Chief Justice yesterday clarified this issue stating such matters are upto the parliament to take up and not the judiciary.

Musharraf, who came to power in a coup in 1999, quit as president almost a year ago to avoid impeachment and has been living in London for the past two months.

Some argue that holding Musharraf accountable would deter military strongmen from trying to seize power in the future and give a chance for democratic institutions to grow in a country that has spent about half its existence under army rule.

The flip side is that pursuing Musharraf could shake the political establishment and reopen old wounds at a time when Pakistan faces huge tasks in battling Taliban insurgents and reviving its economy.

The judgment came after the 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry completed the hearing of constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps.

The Supreme Court in its short verdict declared the steps of November 3, 2007 taken by former president Pervez Musharraf as unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said.

It termed as illegal and unconstitutional the sacking of Chief Justice Iftikhar Muhammad Chaudhry and the other higher judiciary as well as the appointment of Justice Abdul Hamid Dogar as chief justice.

The oath taken by President Asif Ali Zardari will not be affected by the SC verdict, it said.

All the appointments made in the higher judiciary of Justice Abdul Hamid Dogar have been termed illegal.

It termed as unconstitutional all the appointments of judges during November 3, 2007 to March 24, 2008.

It said the number of Supreme Court judges will continue to remain 16.

It declared unconstitutional all the steps taken by Pervez Musharraf during November 3, 2007 to December 15, 2007 including the increasing of number of superior judges through finance bill.Chief Justice Iftikhar Muhammad Chaudhry announced the verdict.

The verdict said all the appointments of judges on and after November 3, 2007 under PCO were unconstitutional.

The case of PCO judges will be referred to the Supreme Judicial Council, it said.

The announcement of today’s verdict sent a wave of jubilation outside the Supreme Court and at all the bar associations countrywide.

Sweets were distributed as people and lawyers chanted slogans hailing the decision and in support of the judiciary.

The 14-judge larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry reserved the judgment after completing the hearing of the case and announced it after a delay of over four and a half hours.

Musharraf summoned by Supreme Court over PCO judges’ case

JULY 22 - The Supreme Court on Wednesday has summoned former President Pervez Musharraf to explain his decision to impose emergency and firing of the judges in 2007.

The court notice allows Musharraf to send a lawyer in his place.

Attorney General Sardar Latif Khosa confirmed the court order. He said the federal government would not defend the actions taken by Musharraf on Nov. 3, 2007, when faced with growing challenges to his rule, he declared a state of emergency, suspended the constitution and dismissed the judges.

Musharraf is currently staying in London with his family and is in touch with attorneys Mian Sharifuddin Pirzada and Malik Qayyum in this matter.

The next hearing in the case is on July 29 and it is expected that Musharraf's attorney(s) will represent him in the hearing.

Wasi Zafar, a law minister during Musharraf's rule, said after the announcement, that the retired general could appear before the Supreme Court either through his lawyer or in person."If he does not do it, the court can initiate proceedings against him in his absence," he said.

The former army chief seized power in a 1999 military coup. In early 2007, Musharraf dismissed the Supreme Court's chief justice, Iftikhar Mohammed Chaudhry. That triggered mass protests led by lawyers that damaged Musharraf's popularity.

Meanwhile, US special envoy to Pakistan and Afghanistan Richard Holbrooke who is in Islamabad today said told reporters that President Pervez Musharraf is now history and that the US will not come to defend him, AP reported today..

Talking to media in the capital, Holbrooke termed Pervez Musharraf’s case as Pakistan’s internal issue and added that the US respects Pakistan’s judiciary and free press.

Former Attorney General Malik Mohammad Qayyum said on Wednesday that he was ready to defend former president Gen (retd.) Pervez Musharraf at the Supreme Court if he was asked to do so. He was talking to reporters at the Supreme Court premises soon after the issuance of notice to Musharraf.

Qayyum termed the decision of the apex court highly appreciable and according to the law and the Constitution.He said that the Supreme Court had taken a good step to give a chance to Pervez Musharraf to explain his position about the imposition of emergency in the country.

To a question, Qayyum said that there was no need for Musharraf to appear in person, adding that only his counsel should appear in the case. If he was asked he would definitely appear in the case and defend the former president, Qayyum said.

Talk to Taliban with or without Karzai- Musharraf

JUL 20 - Former president Gen (R) Pervez Musharraf says dialogue has to be established with the Taliban and political progress, rather than military might, would achieve a solution in Afghanistan.

Musharraf however cautioned that the senior elements of the Taliban leadership may not be receptive to a dialogue with the incumbent President Karzai who is contesting for a second term of office in August polls and appears to have the support of the Obama administration and other Western nations.

"I personally think that you need to establish a political dialogue and political dialogue with senior elements within the Taliban. Unfortunately, the Taliban or the senior elements in the Taliban, I don't think are open at the moment to any discussions or any negotiations with (Afghan President Hamid) Karzai.

"We need to have people, whether through a jirga or whether it is the president himself, to have access into the Taliban."

Musharraf was giving an interview to British news channel Sky Television in London where he is presently based at. According to reports, he has no immediate plans to return to Pakistan soon where the Supreme Court is to take up cases on his Nov 3 2007 mis-actions.

"I think the (military) strategy is right but we need to put in a little more input, more forces required, and maybe we need to concentrate also on the long-term strategy. We are following a short-term military strategy only," the former general said.

Commenting on the Taliban , he said "The Taliban have done wicked things. But then we have to come to a solution. "Military is never the ultimate solution. The military can buy you time, it can create an environment, but ultimately it is the political instrument which has to be used.

Musharraf said the Taliban's influence in Pakistan's Afghan border areas had strengthened since he resigned the presidency in August last year.

"There is a degree of instability that has come up because of this resurgence of Talibanization activity in the settled districts of the frontier, especially Swat, but I am very sure as long as the armed forces of Pakistan stay and they are strong, Pakistan will remain stable," he said. (Based on AFP news report)