Posted by: Administrator | 1 February, 2009

Musharraf’s validity and endorsements by Supreme Court

5June07   Supreme Court 2

 

 

 

 Chronological record of events, that validates President Musharraf’s election as President and  subsequent endorsements by Supreme Court

Written by: Afreen Baig

1-      On 13 May 2000, Pakistan’s 12 member Supreme Court unanimously validated the October 1999 coup and granted Musharraf executive and legislative authority for 3 years from the coup date. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

Further on 27 April 2002, the Supreme Court reaffirmed their judgment regarding 1999 Emergency, PCO No.1 of 1999 and Referundum – on basis of doctrine of state necessity. Justice Iftikhar Chaudhry was one of the nine judges that validated. (Link)

2-      On 7 October 2002, the 5 member bench of Supreme Court validated LFO and amendments to constitution. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

3-      On 29 Dec 2004, PML-Q government passed the 17th constitutional amendment bill in National Assembly, with 2/3 majority, also approved by Senate that allowed President Musharraf to hold dual offices. (Link)

4-      Constitution of Pakistan – Article 63 clause (1) paragraph (d), read with proviso to Article 41 clause (7) paragraph (b), allows the President to hold dual office.

5-      On 13 April 2005, the 5 member bench of Supreme Court gave judgment in favor of 17th amendment and President’s uniform. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

6-      On 28 September 2007, the Supreme Court cleared the way for President Pervez Musharraf to seek another five-year term, and stand for Presidential elections, when six of the nine judges, rejected a tangle of petitions against him and threw out a major legal challenge to his re-election plans. Presided by Justice Rana Bhagwandas. (Link)

7-      President Musharraf was elected President of Pakistan, on 6th October 2007, by a combined electoral of the Senate, National Assembly and the FOUR Provincial Assembles.

8-      President of Pakistan declared emergency on 3rd November 2007, as per Article 232 of the constitution.

9-      The 10 member bench of Supreme Court (SC) on 24 November 2007 directed the chief election commissioner and the government to declare Pervez Musharraf president for a second term. (Link)

10-  On 24 November 2007, the Pakistan Election Commission confirmed Musharraf’s re-election as President. (Link)

11-  President Musharraf won by 58% votes, declared in November 2007, as the constitutional President of Pakistan!

12-   On 28 November 2007, Musharraf relinquished the office of Chief of Armed Staff, as per November 2007 verdict of the Supreme Court.

13-   On 15 Feb 2008, a detailed Supreme Court judgement came, following its earlier short pronouncement of 24 November 2007, validating the proclamation of emergency of 3rd Nov 2007, PCO 2007 and oath of the judges. This full court judgment was written by Chief Justice Abdul Hameed Dogar. (Link)

These facts above raise serious questions regarding the credibility of those so-called political intellects and experts of judicial matters that appear on media talk shows, accusing President Musharraf of violating the constitution, thereby seeking to apply Article-6 on him. They do so, merely for publicity and self exposure, overlooking the role of the Judiciary all along and misguiding the public to zenith. They should know that the Parliament and the Supreme Court, has approved and endorsed every single decision taken by President Musharraf. President Musharraf – being the President of Pakistan was the rightful authority to sign amendments to the constitution, after being approved by the Senate.

Article 270-AA of the constitution gives full protection to the 17th amendment and the 1999 coup, which cannot be called into question in any court of the country on any ground what-so-ever. The 17th amendment was approved by the National Assembly by 2/3 majority and made into law, as part of the constitution.

Then, the Constitution (Amendment) Order, 1980, (P.O.No.1 of 1980) section 2 clauses (3A), (3B) and (3C) give full protection and immunity to Martial Law Regulation made by the Chief Martial Law Administrators, any sentence passed by a Military Court or Tribunal, Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either, and cannot be called into question in any court.

Then, Article 248 clauses (1) (2) (3) (4) of the constitution, protects the President, and he shall not be answerable to any court for the exercise of powers and performance of functions of his respective office, no criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office and no process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.

All of President Musharraf’s decisions were according to the constitution, approved by the supreme Parliament and endorsed by the Supreme Court.

Despite these above mentioned facts and articles as per the constitution, if those prejudiced intellects and revenge seeking politicians, call to apply Article-6 on President Musharraf, then they should know the article in full.

Article-6 clause (2): Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

Which clearly indicates – that the Supreme Court and the Parliament itself that approved and endorsed the events from 1999 till 2007 shall be held equally responsible, for abetting, if a case ever arises. Yet, as Article-6 itself is NOT a self governing article, that could decide and instigate itself automatically, hence Article-6 provides a clause, leaving it to the supreme Parliament to decide, if and whenever, such a case arises and is brought to the attention of the Parliament.

Article-6 clause (3): [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Other than the supreme Parliament, no other institution can approve nor apply Article-6. 

Afreen Baig is an independent analyst majoring in International Relations and Economics. She can be reached at afreenbaig@gmail.com

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Responses

  1. The cheap Justice admitting the corruption of the judiciary by showering the Nation with rgetoric lol out of the horse’s mouth…. Mr CJ that is exactly why you were dismissed.

    …. here is what he says:
    He said both the criminal and civil justice system had suffered from unnecessary delays, mismanagement and corruption.the character of the judges at the district level must be impeccable, adding that the entire nation had supported the bar in its historic struggle for the independence of judiciary, therefore it was time the judiciary repays the nation…. lolzzz

    Not repaying its your duty to serve the Nation…Mr CJ

    read his admission
    http://www.dailytimes.com.pk/default.asp?page=200976story_6-7-2009_pg1_1

  2. […] Musharraf’s validity and endorsements by Supreme Court « Our … Uncategorized | […]

  3. Dear Sir/Madam,
    I am an advocate here in Hyderabad, and i am very much concerned about the current situation of Pakistan,Just playing by Nawaz sharif for personal enmity with Pervaiz Musharaff only other all the persons either they were Justices at his Time,or member of any assembly they allowed Musharraf to be a President and Chief of Army Saff as well.But now the current case submitted in Supreme Court for 3rd of November emergency and the appointment of the Justices after 3rd November it shows that this case proved that Mr.Nawaz sharif slowly coming to Asif Zardari and finallay His CJ Iftekhar choudry will send him out from Presidency as what i think.because Nawaz sharif invested billion of Ruppees on CJ restortion.
    This not fare enough. I protest and request to you please take notice on this Conspiracy.

  4. RIGHT..!! NOW IS THE TIME TO ACT….!
    OUR HERO MUSHARRAF IS BEING HOUNDED BY BLOOD-THIRSTY DOGS. ARE WE JUST GOING TO SIT HERE AND WRITE COMMENTS..??
    I AM READY TO SACRIFICE MY LIFE FOR HIM, IF NECESSARY. SERIOUSLY..!
    IS EVERYONE READY TO ASSEMBLE OUTSIDE PAKISTAN EMBASSY IN LONDON ON SATURDAY 15TH AUGUST AT 1PM?
    IF THIS IS NOT SUITABLE, PLEASE SUGGEST AN ALTERNATIVE.
    PLEASE HELP ME TO PASS THIS MESSAGE ON TO ALL MUSHY SUPPORTERS, ON ALL BLOGS.

  5. @syed javais kazmi
    i am from pasdar e pakistan
    dear friend contact us, we are working to spread the vision of general pervaiz musharraf , we have formed a party named pasdar e pakistan headed by barristor Muhammad ali saif, we have already formed an office and committtee in hyderabad headed by a well known lawyer, join hands with us so that we can compell our beloved leader to come back and lead us\
    longlivepervezmusharraf@hotmail.com

  6. http://pakistaniat.com/2009/07/26/leaders-pakistan

    pls vote in ATP poll for gen musharraf ans spread it upto mazimum

  7. My name is haris and am hardcore supporter of dynamic Musharraf, do visit http://pakistancome1st.wordpress.com

  8. please my blog link to blogroll http://kunzil.wordpress.com http://pakstancomesfirst.blog.com. Haris

  9. Am humble supporter of Pervez Musharraf in Karachi Pakistan

  10. Will the present Cheap justice is going to make this country a hell to live where taliban type people are getting bails but the Rehman Malik is being tried to get him in jail so that this person could bring the taliban rule in the country being the ameer ul momineen himself. if he has the courage he should explain what he has earned after the Pakistan Steel mills case u see the amount that was to be obtained from its sell has already been lost by the PSM caz it is going in loss for the past many years.

    may allah send some one to get us free from thsi cheap justice . bloody well.

    oye jo banda sarkari gari ka deisal petrol baichay woh kiya insaf karega ?

    bull shit on him

  11. […] https://presidentmusharraf.wordpress.com/2009/02/01/musharraf-validity-by-supreme-court/ […]

  12. Under what authority removed the Chief Justice on 3 November 2007? Eighteenth Amendment has amended Article 270 AA also. Read it now

  13. Mahboob Popatia sahab, Under what authority did the Chief Justice threw out the reference against him referred as per Article 209 of the constitution, to the Supreme Judicial Council, by the President of Pakistan? Similarly, the President used his constitutional right to implement Emergency on 3rd November, Article 232 of the Constitution, which says, “While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move any Court for the enforcement of such of the Fundamental Rights conferred by Chapter I of Part II as may be specified in the Order …..”

    Also 18th amendment is still under review in courts. Kind Regards, Administrator

  14. President Pervez Musharraf forgiven power under threat of impeachmant by the then Government, not this single action absolves him of all charges ? Legal experts need to check please. Thanks. Saeeduddin


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