ISLAMABAD: Challenging its July 31, 2009 judgement of the Supreme Court, through which it had declared November 3, 2007 emergency and PCO as unconstitutional, Pervez Musharraf has contended in the apex court that his November 3, 2007 acts were necessary for the state, people’s welfare and to get rid of former chief justice of Pakistan Iftikhar Muhammad Chaudhry. He has said that the then elected prime minister had suggested he take the extra-constitutional measures. A special court is initiating the trial of the former military ruler for the offence of high treason today (Monday). Musharraf on Monday filed a review petition through his counsel Ibrahim Satti under Article 188 of the constitution, requesting that the July 31, 2009 judgement be suspended.
Raising objection over para 56 and 76 of the judgement, Musharraf has expressed apprehension that if the July 31, 2009 decision is not suspended then he would suffer irreparable loss because he is facing a high treason under Article 6 of the constitution mainly on the basis of this judgement of the Supreme Court. He has also contended that former CJP Iftikhar Muhammad Chaudhry was totally biased, prejudiced, had personal grudge rather enmity with him and was not qualified to constitute, sit or preside the bench which had passed the July 31, 2009 judgement.
The review petition further states that the impugned judgement was also liable to be set aside because both Pervez Musharraf and former CJP Iftikhar Muhammad Chaudhry were rivals and party against each other in many cases, like the presidential reference, but the July 31, 2009 judgement was authored by him (Iftikhar Muhammad Chaudhry), which was against the settled principle of law and all jurisprudences.
The petitioner said that the notice was sent to him by the Supreme Court on July 20, 2009 at his residential address but he was abroad and did not receive the summons but the court started ex-parte proceedings against him. “It is against the basic principle of administration of justice and jurisprudence that no court can condemn a person unheard or without affording him sufficient, proper and reasonable opportunity of being heard and thus the judgement is liable to be reviewed and set aside,” he added. Musharraf also sought a stay order from the Supreme Court on proceedings of high treason against him until the outcome of his review petition filed against the Supreme Court’s judgement of July 31, 2013.
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