Restored judges can reopen uniform case
Assad Hameed
ISLAMABAD - Former Chief Justice Saeeduz Zaman Siddiqui has said that the deposed judges of apex court can resurrect the case against the qualification of Pervez Musharraf to run for presidency despite wearing military uniform once the new Parliament restores them.
The deposed judges have absolute power to reopen the case of Musharrafs candidature, which they were hearing when the whole judiciary was bundled away on November 3, 2007, after restoration, Justice Siddiqui said while talking to TheNation here on Tuesday.
When asked about the judgement that was given by present judges which legitimised Musharrafs candidature for contesting presidential elections in October last, Siddiqui said the ruling would become automatically null and void once the steps under emergency rule are undone by the future Parliament.
He also pointed out that Pakistan Peoples Party (PPP) leader Amin Fahim, after events of November 3, withdrew one of petitions questioning candidature of Pervez Musharraf, while the other, filed by Justice (Retd) Wajihud Din Ahmed, was dismissed by default.
Thus, the apex court can resurrect the plea against military uniform of Pervez Musharraf while contesting the presidential polls.
Replying to a query regarding the fate of present judges, Siddiqui said the appointments of present judges after November 3 can be examined in view of Judges Case (Al-Jihad Trust Case).
A similar situation arose in 1996 when the cases of 28 judges of High Courts were reopened after the Judges Case and the appointments found in accordance with the Constitution were retained while the rest were seen off, he pointed out.
Referring to judgement of apex court in Asma Jilanis Case (Supreme Court, 1972 Page 139), Siddiqui said a full court of the apex court headed by Justice Hamoodur Rehman upheld that the Supreme Court was fully competent to strike down any act of usurper, which was found to be taken outside the Constitution of Pakistan.
All acts of Pervez Musharraf in the wake of November 3, 2007 were extra constitutional and illegitimate, Siddiqui observed. Even the rulings of apex courts in Nusrat Bhutto Case (SC 1979) and Syed Zafar Ali Shah (SC 2000) have also validated the observation of apex court in Asma Jilanis Case which fully holds its ground even till today.
Born on December 1, 1973, Justice (Retd) Saeeduz Zaman Siddiqui left his office on January 25, 2000 shortly after the military takeover of General Pervez Musharraf when the latter asked top judiciary to take oath under Provisional Constitutional Order.
Except a small group of judges, rest of the judiciary, including deposed Chief Justice Iftikhar Muhammad Ch, had preferred to take oath under the PCO of the then General Musharraf.
The Nation