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SC summon Musharraf on July, 29

Wednesday, July 22, 2009 Leave a Comment

Supreme Court (SC) has summoned former President Pervez Musharraf on July, 29 to defend his position in judges appointment case and proclamation of state of emergency by him on November 3, 2007.

The federal government has refused to lend support to any unconstitutional step of former president Pervez Musharraf including imposition of PCO and proclamation of state of emergency.
A 14-member of SC led by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry resumed the haring of case Wednesday. Advocate Rashid A Rizvi, advocate Hamid Khan, advocate Akram Sheikh appeared in the court on behalf of Sindh High Court Bar Association (SHCBA) in judges appointment case.

Advocate Hamid Khan while arguing before the court said former president Pervez Musharraf introduced illegal amendments in the constitution for the sake of his personal gains. He took steps ultra vires to constitution on November, 3, 2007 through proclamation of state of emergency and arrested about 48 judges of supreme judiciary illegally. Former president should be summoned in the court and he should be cross-questioned in this respect, he added.

14-member SC larger bench inquired Attorney General (AG) if the federal government supported the unconstitutional steps taken by the former president Pervez Musharraf.

AG submitted that the government neither considers the unconstitutional and illegal steps taken by the former president Pervez Musharraf correct nor does it support them. Federal government would not defend the ultra constitutional moves of former president Pervez Musharraf, he added.

The court observed clear examples were available in the cases of Aman Ullah, Feeroz Khan Noon and Fouji foundation that the person against whom the arguments were being given should be provided full opportunity to defend him in the court.

The SC also asked AG during the remarks if the notice could be issued to former president to summon him in the court.

AG told no precedent was available in the past that any notice was issued to summon former president in the court in any case.

Advocate Akram Sheikh argued SC had powers to summon any person and it could summon former president Pervez Musharraf in the court.

SC upon it issued notice to former president asking him to appear in the court on July, 29 in appointment of judges case. Notice said the former president should appear in the court physically or through his counsel.

CJP and other members of bench maintained during the hearing one against whom the arguments were being advanced in the court should be granted the right to defend oneself.
The hearing was adjourned till July, 29.