NEWS

'Musharraf pleas should be heard by full court'

By Rezaul H Laskar in Islamabad
October 17, 2007

Pakistan's Supreme Court on Wednesday ruled that legal challenges to President Pervez Musharraf's re-election in uniform should be heard by a larger bench headed by the chief justice, adding to the uncertainty over a new five-year term for the beleaguered military ruler.

An 11-member bench of the apex court headed by Justice Javed Iqbal, which took up five petitions challenging Musharraf's candidature in the October 6 presidential poll, decided to ask Chief Justice Iftikhar Muhammad Chaudhry to constitute a "full court" to hear the matter.

Musharraf swept the election, which was boycotted by the opposition due to his decision to contest without giving up the post of army chief, but has not been sworn in for a new term as the Supreme Court had ruled on October 5 that the result of the poll should not be formally notified till it decided on his candidature.

Among those who filed the petitions taken up on Wednesday were Pakistan People's Party leader Makhdoom Amin Fahim and retired judge Wajihuddin Ahmed, who had unsuccessfully contested the presidential poll.

Ahmed's counsel told the court that the petitions were of the "highest national importance" as they involved the role of the army in Pakistan's politics and constitutional affairs and deserved to be heard by a full court.

Attorney General Malik Qayyum, however, opposed this contention and said the government would object to the inclusion of four judges if a full court was constituted.

The bench then had a brief recess of about 20 minutes. When it reconvened, it said that it would ask the chief justice to constitute a full court to hear the petitions and adjourned the matter till the larger bench was named.

Legal experts said it was not immediately clear whether the chief justice would head the full court, which will comprise 13 to 15 judges.

The possibility of the court striking down Musharraf's candidature has sparked speculation that the general, who came to power in 1999 in a bloodless coup, could impose martial law to cling on to power.

Parliamentary Affairs Minister Sher Afghan Khan Niazi on Tuesday said the imposition of martial law could not be ruled out if the Supreme Court decides Musharraf's re-election is invalid.

Musharraf had earlier assured the apex court that he will give up his uniform by November 15 if he is re-elected.

Since then, he has kept political circles on tenterhooks by saying that he would decide his future course of action after the apex court gives its ruling.

Wednesday's court hearing again brought into sharp focus the confrontation between Musharraf and the judiciary, which was sparked by the general's failed attempt to sack Chief Justice Chaudhry in March.

On September 28, a nine-member bench of the Supreme Court had dismissed several petitions challenging Musharraf's candidature in the presidential poll on the ground that they were non-maintainable.

That bench, headed by Justice Rana Bhagwandas, decided the matter by a 6-3 vote among the judges.

Rezaul H Laskar in Islamabad
Source: PTI
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