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| SC judgment on emergency, PCO today: AG |
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Wednesday, November 21, 2007
By Sohail Khan
ISLAMABAD: Attorney General Malik Muhammad Qayyum Tuesday said that the decision on the petitions challenging the imposition of emergency and promulgation of Provisional Constitutional Order (PCO) would be announced today (Wednesday) and hoped that the court would decide the case on merit.
The Attorney General rejected the detailed judgment issued the other day by the deposed judges of the Supreme Court in which they declared that General Musharraf could not be allowed to contest the presidential election.
"It has no significance as these judges no longer hold their posts. Judges cannot even sign a judgment after losing their job," Malik Qayyum told reporters here. Justice Rana Bhagwandas, Justice Sardar Muhammad Raza Khan and Justice Mian Shakirullah Jan, deposed judges of the Supreme Court who were put under house arrest after the imposition of emergency issued a detailed judgment the other day from their official residences, declaring that General Musharraf could not be allowed to contest the presidential election.
These three judges were members of the larger bench of the Supreme Court which had dismissed the petitions on September 28 this year, filed by MMA president Qazi Hussain Ahmed, Imran Khan and Pakistan Lawyers Forum seeking whether General Musharraf could get himself elected from the recently dissolved assemblies with or without uniform.
"I found General Musharraf to be the most courteous and accommodating person and undoubtedly a good military commander who is bearing these judges", Malik Qayyum said and added no other military commander would have spared them. The Attorney General said that keeping in view the volatile situation of the country imposition of emergency was inevitable, saying it was promulgated in specific circumstances. "When constitution does not provide any remedy or solution for solving the problems, extra-constitutional measures have to be taken", AG said.
He said that the basic theme of the constitution is to ensure protection of the people and their welfare, which is the supreme law. He said when there is no solution available in the constitution the government has to take measures for the protection of the people.
Replying to a question he said that the court would decide today (Wednesday) the petitions challenging the imposition of emergency. He said that he and Syed Saharifuddin Pirzada, counsel for the President, would hardly take one hour for arguments before the bench. Therefore, he said it is likely that the court would decide the case today.
He said that they didn't need to argue on the question of jurisdiction or maintainability as the Supreme Court had already, in Syed Zafar Ali Shah case, validated the imposition of emergency.
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CJ says good governance being compromised
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Briefs...
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ISSN 1563-9479 
