SC adjourns Musharraf’s presidential election candidacy case hearing till Monday

CNews ISLAMABAD: The 11-member bench of the Supreme Court (SC) headed by Justice Javed Iqbal during proceedings of various constitutional petitions filed against the candidacy/eligibility of the president for the next term as well holding of two offices on Thursday adjourned the hearing of the case till Monday.Supreme Court is a constitutional and not a revolutionary forum, Justice Javed Iqbal heading an 11-member bench of the apex court observed on Thursday during proceedings of the said constitutional petitions filed by Wajihuddin Ahmed and Makhdoom Amin Fahim and others.Ch.Aitzaz Ahsan appearing before the bench as counsel of the petitioner Justice (Retd) Wajihuddin Ahmed who completed his arguments on Thursday said that general elections for existing assemblies were held on October 10, 2002 and they had already completed the mandate and the constitutional term of five year on October 10, and today is October 25. So, these assemblies were not competent to elect the president for another term of five years, the counsel added. Justice Javed Iqbal observed that if the existing Assemblies have already completed their constitutional term of five years then there was “a question of morality” that members should say that there was no moral ground to elect a president for the next term after completion of the term. Justice Abdul Hameed Dogar observed that there was no bar according to the provisions of the constitution and existing assemblies could use their constitutional functions till the expiry of the term even have right to pass amendment on the last day of tenure. Yes, I agree with this. May be it will be constitutionally right but not morally, Ch.Aitzaz Ahsan said. “Being member of the National Assembly, I have fulfilled my moral duty by not taking part in the election.” Justice Javed Iqbal said that you (Aitzaz) abstained but did not cast vote against other candidates even your client took part in the recently held elections. In his arguments Ch.Aitzaz Ahsan said that articles 62 and 63 relate to qualifications and disqualifications were fully applicable to the president and these articles barred him from candidacy for the election for the next term. Wajihuddin’s counsel requested the court for revisiting judgements already been given by the Supreme Court in the cases of Qazi Hussain Ahmed and Pakistan Lawyers Forum according to the principle of per-incuriam. Justice Javed Iqbal observed that there was no flaw in these judgments because there was no question of perfection in judgments but “Ch. Sahib, you are completely introducing a new point which was not raised before the court during the proceedings of cases of Qazi Hussain Ahmed and Pakistan Lawyers Forum. However, we will examine it if convinced about it, the head of 11 judge bench said. Talking about the point raised by Justice Javed Iqbal regarding role of Supreme Court as constitutional forum not as revolutionary forum, Justice Khalil-ur-Rehman Ramday observed, “We are not enemy of the government or against it because Legislature, Executive and Judiciary complement each other for strengthening the system for smooth running of the country and we will show our responsibility, he added. Members of the bench raised a number of questions about articles 62, 63 and 41 (2) besides others of the constitution which relates to the qualifications and disqualifications of a candidate. Earlier, Hamid Khan advocate also requested the court to allow him argue after Ch.Aitzaz Ahsan in contempt petition filed against the Chief Election Commission of Pakistan by Justice (Retd) Wajih-ud-din which was rejected by the bench for the time being with assurance to look into that after completion of arguments from both sides. Sardar Muhammad Latif Khan Khosa, counsel of Makhdoom Amin Fahim and counsels of other petitioners will start arguments on the next date of hearing of the case as adjourned for Monday by the bench. Attorney General Malik Muhammad Qayyum and counsels of the President and Federation Sharifuddin Pirzada and Wasim Sajjad respectively will present arguments after the completion of arguments by the counsels of the petitioners. The bench of the apex court comprises Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Khalil-ur-Rehman Ramday, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice M.Javed Buttar, Justice Tassaddaque Hussain Jillani, Justice Raja Fayyaz Ahmed, Justice Ch.Ijaz Ahmed, Justice Syed Jamshed Ali Shah and Justice Ghulam Rabbani. It may be mentioned here that the bench has repeatedly said that the hearing of the case will be completed by or before the end of next week starting from October 29.