A Petition was field today in the Supreme Court by Mr. Wajihuddin Ahmed asking the sitting judges to halt the constitutional petition challenging the validity of the election of the President General Pervaiz Mushrraf for the second term in office.
The seven point petition goes to explain a number of unconstitutional steps taken to halt the impending judgment on the much awaited Presidential case
- That the present Constitution Petition is pending before the Supreme Court. It was being argued before an eleven members Bench of the Honourable Supreme Court on 2.11.2007 when the hearing was adjourned to 5.11.2007.
- That on 3.11.2007, General Pervez Musharraf, who was not qualified rather disqualified to be the candidate for the office of the President of Pakistan, took disastrous rather catastrophic steps of imposing emergency, unconstitutionally suspending the Constitution, promulgating Provisional Constitutional Order (PCO) and Oath of Office (Judges) Order, 2007 placing the Honourable Chief Justice and other Honourable judges of the Honourable Supreme Court under house arrest and detention.
- That all these steps are inherently and patently unconstitutional and a seven member Bench of the Honourable Supreme Court on 3.11.2007 rightly declared them invalid and unconstitutional. All those who took oath under the aforesaid unconstitutional instruments have forfeited their right to continue as judges, if they were already judges of the Supreme Court. All those who have purportedly been appointed as judges of the Supreme Court and taken oath as such under the PCO, have not legally and constitutionally assumed the office of judges of the Supreme Court. On the contrary, the real Chief Justice and judges of the Supreme Court are being prevented from performing their constitutional duties and functions. The so-called PCO judges are in illegal and unconstitutional occupation of the building of the Supreme Court from where they are constitutionally required to be eased out.
- That the PCO judges in occupation of the Supreme Court building cannot be constitutionally accepted or recognized as judges of the Supreme Court. They cannot therefore fix for hearing or try to hear this Constitution Petition. The Petitioner or his Counsel shall not appear before PCO judges, as they do not recognize them as judges.
- That this Petition should not be fixed for hearing or heard until the effects of PCO, emergency and PCO oaths are rendered void and ineffective and the Honourable Chief Justice and other judges, who refused to take oath under PCO, are restored and enabled to resume their duties and functions. Only a bench of such judges is constitutionally competent to hear and determine this Constitution Petition.
- That if any attempt is made by the PCO Chief Justice and judges to fix and dispose of this Constitution Petition, they would do so only at their risk and responsibility.
- That this Petition is being submitted under the express instructions of the Petitioner.
It is therefore submitted that this Constitution Petition should not be listed for hearing unless and until the Honourable Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhary and other Constitutional judges of the Honourable Supreme Court resume their duties and functions under the Constitution.