LAHORE: The Quaid Pakistan Muslim League Nawaz (PML-N) Mian Muhammad Nawaz Sharif has said the entire nation is crying out for former president Musharraf’s prosecution under Article 6 of constitution.
According to the statement released here from PML-N, Nawaz Sharif declined impression of any personal enmity in asking for Musharraf’s trial as he termed the demand as utterly necessary for revival of law and constitution in Pakistan.
He said there is room to avoid taking legal action against Musharraf following the Supreme Court ruling declaring November 3, 2007 actions taken solely by him as unconstitutional and akin to playing havoc to constitution of Pakistan.
“Even former Premier Benazir Bhutto pledged to do so through her signature on Charter of Democracy (CoD)”, he claimed warning, “PML-N could choose other way instead of participation in the committee precisely constituted to bring constitutional reforms if necessary action not taken to abrogate 17th amendment.”
The PPP-led government has turned simple matters complicated even when PML-N extended all-out support to it, he added.
“Neither will we embrace any anti-democratic process nor will we contribute to it”, Nawaz straightforward concluded.
Re: Trial of Musharraf under Article 6 of the constitution
Why just Nawaz?
ANYONE can file a case against Musharraf.
His 1999 actions were given legal cover by the SC.
But, his Nov 2007 emergency, is a self-confessed violation of the constitution that is still outstanding.
In fact, SC should take suo-moto on this issue.
Re: Trial of Musharraf under Article 6 of the constitution
Why just Nawaz?
ANYONE can file a case against Musharraf.
His 1999 actions were given legal cover by the SC.
But, his Nov 2007 emergency, is a self-confessed violation of the constitution that is still outstanding.
In fact, SC should take suo-moto on this issue.
Not that I support his action but his 2007 emergency was also legitimized by the outgoing parliament (i.e. pre-March 2008). so he's all bases covered..
Re: Trial of Musharraf under Article 6 of the constitution
I think the basis of the case was that the army chief, not the President, initiated the emergency, or "coup" according to CJ and crowd, but how can it be a coup if he was the President and COAS at the same time? Now, that is another issue that the President isn't supposed to be a COAS but didn't MMA stamped an approval on that back in the day?
Re: Trial of Musharraf under Article 6 of the constitution
Not that I support his action but his 2007 emergency was also legitimized by the outgoing parliament (i.e. pre-March 2008). so he's all bases covered..
It was the Dogar court that validated the emergency on Nov 29, 2007.
However, the present SC, on July 31 2009, in the PCO case, clearly ruled that Musharraf's action on Nov 3, 2007 were unconstitutional.
So, the ruling has already been made. He just needs to be punished for it.
Re: Trial of Musharraf under Article 6 of the constitution
I might be wrong, but as far as I know, a petition against a person under article 6 of constitution can only be launched by the government. That is why Mush decided to come back only after care-taker PM was installed.
SC refuses to take direct action against Musharraf
Court tells petitioner to approach proper forum for disqualification of ex-president
By Hasnaat Malik
ISLAMABAD: The Supreme Court has refused to take direct action against former president General (r) Pervez Musharraf over Dr Mubashir Hassan’s plea seeking his disqualification from the upcoming elections in view of articles 62 and 63 of the constitution.
The petitioner has argued that Musharraf violated the constitution on November 3, 2007, by imposing emergency in the country. A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, has urged him to approach proper forum to raise such objections. During the hearing on Wednesday, AK Dogar, counsel for Dr Hassan, cited the July 31, 2009, judgement of the court and said, “The constitution can’t be held in abeyance at the will and whim of the army chief.”
“It is firmly laid down that holding in abeyance of constitution or any of its provision or having affect of its continuation in any manner is the subversion of the constitution and thus constitute the offence of high treason.” The chief justice said that he was unaware of his status. Upon that Dogar said that there is a judgement in PLD 1997 SC 84 that the judgement of the court becomes part of the constitution.
He said that articles 62 and 63 needed to be enforced. The chief justice replied that it is the duty of the returning officer. Dogar said that there is a declaration in the judgement against Musharraf, therefore the former COAS stands convicted. The chief justice asked him to go to the RO and raise objections with him. However, Dogar replied, “He did not say initiate proceedings against Musharraf.” Earlier, the bench allowed amendments in the petition of Dr Hassan over implementation of the court’s judgement for conducting the forthcoming elections in a free, fair, and transparent manner.
During the proceedings, the chief justice observed that objective of the petition is to ensure implementation of articles 62 and 63 of the constitution, saying the Election Commission of Pakistan (ECP) knows better how to apply both the articles in letter and spirit. The chief justice said that the court had passed an order on Tuesday regarding details of the candidates. He categorically said that the court cannot make a law or issue a standard operating procedure in the matter. Responding to the voters’ objections over candidates, Justice Iftikhar said that the court is unaware of any objection by a voter against any candidate.
Azher Siddique, one of the counsels for the petitioner, alleged that the ECP was concealing facts regarding verification of degrees of the parliamentarians; however, the chief justice asked him to identify people who provided wrong information to the commission so that the court could summon them for prosecution. The court adjourned the case for one week.
