ISLAMABAD: The Supreme Court has refused to take direct action against former president General (r) Pervez Musharraf over Dr Mubashir Hassan’s plea seeking his disqualification from the upcoming elections in view of articles 62 and 63 of the constitution.
The petitioner has argued that Musharraf violated the constitution on November 3, 2007, by imposing emergency in the country. A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, has urged him to approach proper forum to raise such objections. During the hearing on Wednesday, AK Dogar, counsel for Dr Hassan, cited the July 31, 2009, judgement of the court and said, “The constitution can’t be held in abeyance at the will and whim of the army chief.”
“It is firmly laid down that holding in abeyance of constitution or any of its provision or having affect of its continuation in any manner is the subversion of the constitution and thus constitute the offence of high treason.” The chief justice said that he was unaware of his status. Upon that Dogar said that there is a judgement in PLD 1997 SC 84 that the judgement of the court becomes part of the constitution.
The petitioner has argued that Musharraf violated the constitution on November 3, 2007, by imposing emergency in the country. A three-member bench of the apex court, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, has urged him to approach proper forum to raise such objections. During the hearing on Wednesday, AK Dogar, counsel for Dr Hassan, cited the July 31, 2009, judgement of the court and said, “The constitution can’t be held in abeyance at the will and whim of the army chief.”
“It is firmly laid down that holding in abeyance of constitution or any of its provision or having affect of its continuation in any manner is the subversion of the constitution and thus constitute the offence of high treason.” The chief justice said that he was unaware of his status. Upon that Dogar said that there is a judgement in PLD 1997 SC 84 that the judgement of the court becomes part of the constitution.
