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November 30, 1999

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Pleas against Pak military government to be heard on Monday

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The Pakistan supreme court will, on December 6, take up four petitions, including one filed by ousted prime minister Nawaz Sharief s Pakistan Muslim League, challenging the military take-over.

On November 22, the PML had challenged the take-over and prayed to the court to declare the proclamation of emergency and subsequent provisional constitutional order as unconstitutional.

The PML has impleaded the federation, through the cabinet secretary, Chief Of Army Staff General Pervez Musharraf and the National Security Council as respondents. The PML will be represented by a team of top lawyers led by former law minister Khalid Anwar and suspended senator Rafiq Rajwana.

Former attorney-general Chaudhry Farooq, however, has opted out of the team. Other petitions have been filed by Habib Wahabul Kheiri, Syed Iqbal Haider and Syed Zafar Ali Shah, a PML leader. Syed Zafar Ali Shah, who has challenged the military take-over in his personal capacity, will represent himself. He is an advocate of the supreme court.

Kheiri had challenged the PCO 1 of 1999 saying it violated judicial independence. He, however, had endorsed the military take-over.

Syed Iqbal Haider, who had first withdrawn his petition, has in a fresh petition requested the apex court to declare the military take-over as valid. Meanwhile, former law minister barrister Hafeez Pirzada has been contacted by the government to represent Chief Executive General Pervez Musharraf when the petitions come up for hearing in the supreme court.

The authorities have contacted the counsel to defend the military take-over and he has agreed in principle, the Dawn reported, quoting reliable sources.

Pirzada will either represent the chief of army staff or the National Security Council.

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