IN true Feudal fashion, you realize this means, yes, revenge and perhaps this may be a service to Pakistan, because it's difficultot imagine that the CJP and the super feudal, (village idiot) Nawaz will survive, even if Musharraf does not :
SC set to take Musharrafs Nov 3 action case
Sunday, July 19, 2009
By Ansar Abbasi
ISLAMABAD: The tough fall from grace of the once invisible Gen (retd) Pervez Musharraf may just get a trifle more painful as a 14-member bench of the Supreme Court is all set to hear a case that would possibly determine the status of his unconstitutional actions of Nov 3, 2007, and slowly tighten the noose around the former dictator.
A 14-member bench of the Supreme Court led by Chief Justice Iftikhar Muhammad Chaudhry and comprising judges none of whom had taken oath under Musharrafs PCO is taking up on July 20 a constitutional petition of the Sindh High Car Bar vs Federation and two other appeals, all concerning the appointment of judges.
Sources said that the constitutional questions involved in the case are expected to envelop the Tikka Iqbal case decided by Dogar court in favour of Nov 3 unconstitutional action of Musharraf.
Sources in the Law Ministry confided to The News that the upcoming case of judges appointment has all the potential to address thorny issues of Nov 3. These sources said that the ousted dictator, who is presently in London, would soon be trembling with fear as the independent judiciary of Pakistan is poised for the first time in our history to question the unconstitutional actions of a uniformed dictator.
An adverse ruling in this case could also have a domino effect in turn fueling other measures of accountability of the ousted dictator. Already demands to try the dictator under Article 6 of the Constitution are on the rise and Nawaz Sharifís acquittal from the plane high jacking case too has given a new impetus to such demands.
Musharraf, intoxicated by his absolute power, had on Nov 3 abrogated the constitution and removed almost 60 judges of the superior judiciary. The dictator did not even give a fig of a cover to Nov 3 historic judgment of seven-member SC bench led by Chief Justice Iftikhar Muhammad Chaudhry, which had declared the Nov 3 PCO as unconstitutional and had nullified it almost immediately. The Chief justice and other honourable judges of the Supreme Court and high courts were consequently arrested as Gen Musharraf installed his choice Supreme Court under controversial Justice Dogar.
The Supreme Court has already set the tone over the constitutionality and (ill)legality of Nov 3 actions of Musharraf in its latest judgement in the plane hijacking case against PML-N chief Nawaz Sharif with the judgment evidently being appreciative of the PML-Ns stance on the issue of judges restoration.
PML-N chief Nawaz Sharifs refusal to appear before the post-Nov 3, 2007, PCO/Dogar court has not been seen as biased or disobedience by the five-member SC bench comprising Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Moosa K Leghari, Justice Sheikh Hakim Ali and Justice Ghulam Rabbani that issued detailed judgment in the plane high jacking case on Friday. No matter that Musharrafs hand-picked Dogar court had ruled in favour of Nov 3 martial law to his entire satisfaction, the Fridays judgment accepted petitioners (Nawaz Sharif) explanation for non-appearance before Dogar court in the following terms: ...However, on a deeper appreciation of the stance taken and after hearing their (Nawaz Sharif and others) learned counsel, it has been found by us that petitioners non-appearance was not attributable to a personal bias against the Court then constituted but on account of a public stand that they had taken before entering the process of elections i.e. the collective oath which they and all the party candidates had taken on the issues relating to the Imposition of State of Emergency on 3rd of November, 2007 and a resolve to launch a movement for the restoration of superior judiciary. The restoration of the Honble Chief Justice of Pakistan and other judges who were deposed on the imposition of State of Emergency and the immediate appearance of the petitioners by way of filing these review petitions indicate that the stance taken was based on a certain moral grounds which stood vindicated. The same cannot be dubbed as either contumacious or reflective of acquiescence to warrant the impugned findings.
The judgment also reproduced certain parts of the petition describing Nov 3 action as deviation from the constitution and seeking condoning of the delay to file appeal before the Supreme Court. The judgment says, That it is a matter of record that the petitioner had, on his return to Pakistan, publicly pledged, at the very outset, neither to accept nor to condone the aforesaid constitutional deviation whereby, inter alia, 63 honble Judges of the Superior Courts had been forcibly restrained from continuing to perform their judicial functions. It was because of this reason that all the candidates of the Pakistan Muslim League (N) contesting General Election 2008, pledged on oath to restore the judiciary to pre November 3, 2007 position, and this ceremony of collective oath of Pakistan Muslim League (N) candidates was widely publicized and covered by the media.
Moreover, the petitioner had repeatedly declared that he will not appear before the judges of the Superior Courts till the entire set of judges who were illegally deposed on November 3, 2007, including the honble Chief Justice Iftikhar Muhammad Chaudhry, were restored.
The stand taken by the petitioner in the above paragraphs was also taken before the Supreme Court in Sharifs review petition against their disqualification order by the PCO judges. In that petition too, the present Supreme Court decided in their favour. From the looks of it, according to one leading lawyer, If I was Musharraf, I would be a very worried man indeed.