By the comments of honurable judges …its seems so…decison is likely to be announced on tuesday…
problem uis in previous 2 cases they have validated 17 ammendment…
plus..almost all judges are saying..when Parliment has approved this 17th draukala …what we can do now…surely ..they cannot over ride ..the parlimnt act approved by 2/3 majority…
all judges vigorously blammed the lame duck parliment that..they are just sick..that they cannot stop a dictator..by votes…all judges said that…parliment can take back 17 th draukuala..and 270 aa..which approved all Musharraf acts…why parliment is shifting thier weight to us…said the honurable Justice Abbasi…
its seems that ..now war against musgharraf should be done in streets and bazars rather than in courts…
and our politcal parties…mashallah..people come out on thier call..but hardly i hundred if they call for i million…
Re: D*A*M*N ...Musharraf is winning the case in Supreme court....
And this surprises you why? The election commission has already rewritten the laws, which it has no ability or authority to do, but it did it anyway at the behest of a dictator.
Re: D*A*M*N ...Musharraf is winning the case in Supreme court....
Judges' role is to question the stance taken by any counsel. That's essentially what they r doing but I do agree with Javed Iqbal when he says that when MMA itself helped Musharraf amend the constitution, why does it now want the SC to undo the same.
Qazi's offensive defence in response by attacking the judges or questioning the CJ is a pathetic attempt at intimidation by a lousy politician.
Re: D*A*M*N ...Musharraf is winning the case in Supreme court....
Judges' role is to question the stance taken by any counsel. That's essentially what they r doing but I do agree with Javed Iqbal when he says that when MMA itself helped Musharraf amend the constitution, why does it now want the SC to undo the same.
Qazi's offensive defence in response by attacking the judges or questioning the CJ is a pathetic attempt at intimidation by a lousy politician.
true...but dont you think....MMA did all this for 31 december ,2004..as the musharraf last day ....of service ..but he betrayed....
secondly.. i am still in doubt ..when the army men is going to take part in presndial election..though 17 ammendment ..allows him..and 2 SC decions ..are also in his favour .....
do you not think that this 17 ammendment is against the Spirit of Const. ..and anything against the spirit can be negated by SC .....
are SC fearing of Musharraf "IF" of the statement he made..in his statement in SC ..that after IF ..he will order the Marshal Law..IF he will not be elected as president...
may be you have heard the Justice Khokhar remarks that...we are shifting towards civilian set up..we judged should be very careful.....
but i dont think..judges should again use the Nessity Law" ..in fear that Marshal law can be implmented....
they should decide according to Spirit of Const. which says no officer can be able to hold the office of presidency..the parlimentary act which allows Musharraf to hold this ofice should be thrown out....
at this defing moments..if 9 judges will fear of so aclled threats of de-railing democracy..and marshal law..then as a nation ..we will never rise up again !!!!
The hearing of the constitutional petitions, filed in the Supreme Court challenging the dual office of the President, has been adjourned for tomorrow (Tuesday). Attorney Generel Malik Qayyum has said the court judgment on the case has been expected on Wednesday. Supreme Court’s nine-member bench headed by Justice Rana Bhagwandas, is hearing the constitutional petitions against President Musharraf’s two offices.
**The learned bench Monday declared the petition of former secretary of Senate Shahid Iqbal non maintainable and dismissed it. The petitioner had pleaded that President Musharraf was failed to perform responsibilities of his office properly and could not hold the office. **
The court also dismissed review appeal of Shahid Orakzai against the dual offices legislation.
Earlier, Chairman Communist Party of Pakistan Engineer Jameel Ahmed Malik during hearing of his constitutional petition, said he was compelled to object over three members of the nine-member bench.
Justice Rana Bhagwandas, Justice Falak Sher, Justice M. Javed Buttar and other members of the bench objected over the words and said no personal attack against any judge of the learned court will be permitted. Engineer Jamil Ahmad Malik said he will continue his arguments under protest. He argued that any foreign national, bank defaulter or criminal could hold the office of the President of Pakistan if Articles 62 and 63 of the constitution do not apply to the presidential election. He said that President Musharraf prolonging his rule with crutches of the Supreme Court. Justice Javed Iqbal remarked that the president was not walking with the Supreme Court help but the parliament through the 17th constitutional amendment has provided these crutches to him. The SC Bench comprises of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M. Javed Buttar.
Re: D*A*M*N ...Musharraf is winning the case in Supreme court....
Interesting insn't it that people who were jumping up and down about independent courts and supermacy of judiciary are now nowhere to be seen ..maybe because the courts are saying stuff that they dont want to hear.
I think that anti-government rabble rousers are under the misconception that “independence” of the judiciary means all judgments have to be against the government.
Re: DAM*N …Musharraf is winning the case in Supreme court…
Petition against election commission notification dismissed
Updated at 1500 PST
LAHORE: Lahore High Court (LHC) Monday declared the petition filed against the notification of the Election Commission of Pakistan non maintainable and dismissed it. Muhammad Azhar Advocate had filed petition in the court challenging amendments in the presidential election rules by the election commission. The petitioner requested the court that the notification issued by the election commission be declared invalid. The court in preliminary hearing remarked that the matter is already under hearing in the Supreme Court and has been out of the jurisdiction of the high court. The petitioner said that Imran Khan in his petition in Supreme Court has made the election commissioner a party, while he has challenged the notification. The court later declared the petition non maintainable and dismissed it. http://thenews.jang.com.pk/updates.asp?id=29706
Re: DAM*N …Musharraf is winning the case in Supreme court…
**Supreme court dismisses three petitions; hears seven others against **Musharraf
ISLAMABAD, Pakistan, Sept 24 (AP) - The Supreme Court dismissed three challenges to the re-election bid of President Pervez Musharraf on Monday. However, the nine-member bench was still weighing seven other petitions arguing that Musharraf’s dual role as army chief and president makes him ineligible to seek another five-year term. Presiding Judge Rana Bhagwandas dismissed three petitions, one because it was filed too late, another because the attorney who filed it didn’t show up, and a third without explanation. During the hearing, Attorney General Malik Mohammed Qayyum defended President Musharraf’s plans to run for yet another term, saying he was an eligible candidate. The court is expected to rule on the other petitions, which include complaints from opposition parties and a lawyers’ organization, later this week. As he was entering the court building, Musharraf’s lawyer, Ahmed Raza Qasuri, was sprayed in the face with a black substance by an agitated attorney. Raza Qasuri, complaining that his eyes had been affected, said the incident was a sign that Musharraf’s opponents were losing their case. “When such elements sense their defeat, they resort to such provocative acts,” he told reporters. “They are a black spot on the legal profession.” (Posted @ 16:20 PST)
Re: DAM*N …Musharraf is winning the case in Supreme court…
Well actually thinking about it, I think that the anti govt folks maybe or should be praying that the Supreme court rules **for **Musharraf being eligible to stand for the Presidency, because all other options would result in him keeping his uniform indefinetly.
The Supreme Court not only has to rule whether or not Musharraf is eligible to stand for the Presidency, but also crucially whether the present assemblies can carry on and hold the Presidential Election or the next one’s should? If we work on the premise that they completly rule out Musharraf being eligble for standing for the Presidency again, either under these or the next assemblies, then the oppositiion parties are faced with some nightmare scenarios.
**— **If the Supreme Court says the Presidential Election can continue under the present assemblies (without Musharraf as a candidate), then the PML Q alliance has an overwhelming majority to get a Musharraf loyalist elected, who would end up extending his COAS position for more years. So Musharraf loyalist as President, and Musharraf continuing as COAS.
**— **If the Supreme Courts says Presidential election must be held 30 days after general elections (as per constitution) i.e. February or March 2008, then Musharraf continues as President & COAS until then - at least. Who knows what kind politcal dispensation will be in Feb/March next year, but I doubt that the present combined opposition parties (APDM, PPP etc) will be able to agree on a consensus Presidential candidate, and will be too suspcious of each other to come to an agreement. It is most likely that the PML Q, PPP, MQM etc will cobble together a coalition, which under external complusions will extend Musharraf’s COAS tenure, or even pass the necessary constitutional amendments to get him re-elected as President again.
So potentail nightmares either way for the opposition, if the SC votes against Musharraf as President again.