FIR filed against Musharraf by Islamabad police

Acting swiftly on a court order, Islamabad police today booked former president Pervez Musharraf for ordering the house arrest of the Supreme Court judges he had sacked after declaring an emergency on November 3, 2007.

The "unprecedented first in Pakistan's history" could "actually see" Musharraf land in prison "or at the minimum turn his stay abroad into a permanent exile", The News said on Tuesday.

"An ironic fate of twist for a man who once boasted that he would never allow (former prime ministers) Nawaz Sharif and Benazir Bhutto to end their exile on their own and return to Pakistan. The table stands turned on its head," the newspaper added.

The Islamabad police registered a criminal case (FIR No 131 dated 10-08-09) under section 344/34 of the Pakistan Penal Code following the orders of the Additional Sessions Judge, Islamabad, Mohammad Akmal Khan on Monday.

The FIR states that Musharraf and others had detained the Supreme Court judges and their families at their houses and their children were neither allowed to attend school nor permitted to appear in examinations.

Judge Khan's Monday order came 11 days after the Supreme Court July 31 held that Musharraf had acted extra-judicially, illegally and unconstitutionally in declaring an emergency and sacking the apex court judges.

A 14-member bench headed by Chief Justice Iftikhar Muhammed Chaudhry, however, stopped short of censuring Musharraf as had been demanded in a petition the court was hearing against the declaration of the emergency.

The Supreme Court had summoned Musharraf, who is currently in London on a lecture tour, to appear before it July 29 in person or through his lawyer but he failed do so. "Determining responsibility for the steps taken on November 3, 2007 is necessary," Chaudhry observed on July 22 before issuing summons.

Chaudhry, who was one of the 80-odd Supreme Court and high court judges sacked, had been reinstated in March after a bruising lawyers' agitation. Musharraf had sacked the higher judiciary after it refused to take fresh oath under the Provisional Constitutional Order (PCO) he promulgated along with the emergency.

The emergency had been declared just as the Supreme Court was to deliver its verdict on the constitutionality of Musharraf's re-election in October 2007. It had been contended that the same parliament and provincial assemblies that had elected Musharraf in 2002 had re-elected him in 2007 and this was unconstitutional.

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.