Supreme Court has Friday completed the hearing of the constitutional petitions regarding November 3 measures and the appointments of judges of higher judiciary;
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Emergency declared illegal and unconstitutionall .
Supreme Court Friday declared the November 3 measures adopted by former President Pervez Musharraf as extra-judicial, illegal and unconstitutional.
A 14-member larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the constitutional petitions regarding PCO judges, appointments of judges of higher judiciary and November 3, 2007 steps.
The verdict said that sacking of the judges was illegal and unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said.
The Supreme Court termed the steps taken on November 3, 2007 as null and void.
The apex court completed the hearing of the constitutional petitions regarding November 3 measures and the appointments of judges of higher judiciary on Friday; the verdict was held back to be announced at 3pm after Friday prayers.
On the occasion, the courtroom was overcrowded to hear the historic verdict. The national and foreign media personnel are turned up to the SC premises to cover the incident. A large of number of lawyers is present at Courtroom 1.
The lawyers waited for the verdict with sweets arranged in advance to celebrate it.
The larger bench took at least four hours to write down the draft of the verdict.
Earlier during the hearing today, Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said he will not pass such a verdict as will trigger chaos in the country.
While giving arguments at the court, the Attorney General said the verdict should be such that it does not harm the system; thereupon, the CJ queried him about the ‘system’ and that the president, premier, parliament and provincial assemblies are the only constituents of the system.
Today, Attorney General Lateef Khosa gave final arguments. Yesterday, Hamid Khan and Akram Sheikh Advocate completed their arguments.
SC should also declare steps from OCT 1999 un-constitutional.. which will cover Iftikhar Chaudhry appointment also illegal the way Dogar is delcared illelgal.. But this greedy OSB IK chaudhry will not do it.. he is Nawaz Sharif’s pimp ran campaign on monet from Nawaz and legal assiatnce from PPP.. why Dogar is illegal but Zardari oath is illegal?????
DONT Forget IK Chaudhry is also PCO judge.. Law is Law and there is no excpetion and theory of necessaity.. thats what Etizaz Hassan and Lawyers are complaining about it.
why Dogar appointment is illegal but Zardari oath is NOT illegal?????
Sohail this is an Open question
@Sohail,
May I ask what is your problem with the CJ? You seem to have some personal grudge on him.
why are you jumping up and down in defence of Dogar?
what difference does it make if CJ was also a PCO Judge in 1999?
“why Dogar appointment is illegal but Zardari oath is NOT illegal?????”- well the answer is in your own question – Oath vs. appointment! didn’t get it?
let me explain.. taking Oath is a formal ceremony while appointment into a position is not. You are comparing apples with oranges here. e.g. If you are sworn as President of Pakistan by me or by the current CJ, would that actually make you the legitimate President without any elections or due political process??
sometimes it is really handy if we use the space between our ears!!!
@Sohail
I have uploaded the PDF version of the decision above that may answer your question. why Dogar appointment is illegal but Zardari oath is NOT illegal?????
@Junaid,
Thanks for your valuable comments