ISLAMABAD: The Supreme Court has refused to entertain Pervez Musharraf’s petition to review its July 31, 2009 judgement, with the objection that scandalous language has been used in the petition against the judges.
It has been learnt that the Supreme Court registrar office has returned Musharraf’s petition, saying that it could not be entertained as a review petition has already been dismissed in this case. On the other hand, counsel for the applicant, Ibrahim Satti has stated that they would challenge the Supreme Court office’s objections this week, saying registrar office did not have the jurisdiction to declare the review petition non-entertainable.
Raising objection over para 56 and 76 of the judgement, Musharraf has expressed apprehension in the review petition 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. Meanwhile, reliable sources revealed to Daily Times that several aggrieved PCO judges are also considering challenging the Supreme Court’s July 31, 2009 judgement.
They said that these judges had already drafted their review petitions and are awaiting the institution of Musharraf’s petition in this matter. It must be noted that more than 100 superior courts’ judges were removed through the July 31, 2009 judgement, and around 60 judges faced contempt proceedings for violating the November 3, 2007 order on emergency and PCO. It has also been noticed that most of the aggrieved PCO judges have remained dominant in bar politics and they are playing lawyers’ politics effectively, therefore the superior bars also passed a resolution regarding the revisiting of the July 31, 2009 judgement.
One representative of the bar also confirmed that several PCO judges who belong to Punjab had also decided to challenge the appointment of the superior courts judges who were nominated by the Judicial Commission of Pakistan in the absence of three members, namely Pakistan Bar Council representative, attorney general of Pakistan and law minister. He said that around 20 superior courts’ judges were appointed from November 2012 to April 2013.
It is worth mentioning that there was a severe deadlock between the superior judiciary and the superior bars regarding the appointment of judges; therefore, the PBC representative, attorney general of Pakistan and the law minister did not attend the commission’s meetings. Dr Khalid Ranjha had attended the commission’s meetings as a representative of the PBC during the last two years, and his tenure ended in November 2012.
Later, the lawyers decided not to nominate a new representative until their grievances were resolved regarding the appointment of judges. On April 20, 2013, the PBC nominated Muhammad Yaseen Azad as its representative after a five-month boycott of the commission’s proceedings but lawyers’ demands regarding the amendments in commission’s rules are still not fulfilled. On the other hand, senior lawyers believe that the July 31, 2009 judgement is a landmark judgement in the judicial history, which could not be revisited by the incumbent apex court’s judges.
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