Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

[Reza_Pahlavi]

In case some people don’t remember the Sept 28 ruling was 6 to 3 in Musharraf’s favour, and had allowed him to seek re-election for a second Presidential term in uniform.

“Eligibility of a person to contest the election for the office of president in terms of Article 41(2) read with other provisions of the Constitution, does not relate to the enforcement of any of the fundamental rights of the petitioners or any other person. Therefore, the direct petition before this court under Article 184(3) of the Constitution is not maintainable.”

The judgment said questions relating to the application of Article 63 (disqualification) read with Article 62 (qualification) of the Constitution for determining eligibility of a candidate for the presidential election squarely fell within the jurisdiction and domain of the Election Commission, a constitutional forum of exclusive jurisdiction.

Besides, it said, parliament had enacted Act VII of 2004 (President to Hold Another Office 2004) which, having been found not in conflict with any provision of the Constitution, had been validated by the Supreme Court in the 2005 Pakistan Lawyers Forum case, and pending a review petition against the judgment in the above case, a separate petition on the same subject with a delay of more than two years might not be “entertainable”.

http://www.dawn.com/2007/11/14/top6.htm

Supreme Court issues detailed verdict in dual-office case
http://www.dailytimes.com.pk/default.asp?page=2007\11\14\story_14-11-2007_pg7_16

[Shamraz_Khan]

Re: Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

Does it matters? BTW, with judges ousted detailed judgment has been written by new pco judges. How convenient.

[Aalsi]

Re: Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

In case some people don't remember the Sept 28 ruling was 6 to 3 in Musharraf's favour, and had allowed him to seek re-election for a second Presidential term in uniform. :)

Has the full judgement of the EX CJ case been relased yet, or are we still waiting for that?

We should have both the above and EX CJ judgement realesed.

[Reza_Pahlavi]

Re: Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

@Shamraz_Khan

Does it matters? BTW, with judges ousted detailed judgment has been written by new pco judges. How convenient.

New PCO judges giving a detailed judgement on a ruling by previous PCO judges, actually.

Show me a judge on the pre-3rd November Supreme Court that had not taken an oath on any of Musharraf’s PCO’s i.e. of 2000 and/or 2007? Happy searching.

[Reza_Pahlavi]

Re: Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

Has the full judgement of the EX CJ case been relased yet, or are we still waiting for that?

We should have both the above and EX CJ judgement realesed.

Till November 3rd it had not been released by the previous Supreme Court.

Maybe they found it hard to address the question as to who should investigate allegations against the judges?, as their 20 July basically dimissed the constitutional route via the Supreme Judicial Council. Hence, they in effect ruled that judges were above the law.

[Captain1]

Re: Supreme Court releases detailed judgement on 28 Sept ruling for Musharraf

The explaination of a ruling must be done by same judges.... is this not the case here?