General (R)Now where u will go?

ISLAMABAD: Former president Pervez Musharraf had his eight years in power and now he has got an opportunity to have his day in court as well. The Supreme Court (SC) on Wednesday issued a notice to the former president to appear in person or through his lawyer before the court on July 29 and defend his position on the state of emergency he declared on November 3, 2007, making over 60 independent-minded judges non-functional.

“According to principles of law, internationally known, no person should be condemned unheard; therefore, under Order 25 of Rule 9 of the Supreme Court Rules 1980, a notice be issued to Gen (retd) Pervez Musharraf, however, leaving for him to appear before the court or otherwise,” Justice Chaudry said in the order.

A 14-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing a petition of the Sindh High Court Bar Association (SHCBA), seeking regularisation of two SHC additional judges.

Other members of the bench are Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ghulam Rabbani, Justice Sarmad Jalal Usmani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui and Justice Jawwad S Khawaja.

The two SHC judges were denied regularisation on the basis of the Supreme Court judgment in the Tikka Iqbal case was a “past and closed transaction”. The same judgment had also validated the imposition of emergency and the steps taken thereafter by the former president.

“According to the principles of law, universally known, no one should be condemned unheard, as it has been recognised and stated by this court in almost every case where an adverse decision was likely to take place. Not only in our country, internationally where there is a regular system of administration of justice, this principle is applied. Even when there is no provision under the law, the courts have been issuing notices under the principle of natural justice,” the court order said.

The court further ruled that in the Asma Jilani case, notice was not issued as the respondent government had not made a categorical statement that it was not defending the action of Gen Yahya Khan.

“As far as the proceedings of the case are concerned, these are going on for the last two to three days. The media, print and electronic, is widely publicising the observations and proceedings. Anyone interested in the proceedings who is concerned with the promulgation of the PCO can appear on his own by making application directly or otherwise,” the court order added.

“Therefore, under Order 25 of the Rule 9 of the Supreme Court of Pakistan Rules 1980, notice be issued to Gen (retd) Pervez Musharraf: however, leaving for him to appear before the court or otherwise, hence notice be issued on the address of his residence in Islamabad,” the order concluded.

On Wednesday, the chief justice sought view of counsel for the petitioners Hamid Khan and Attorney General Sardar Latif Khan Khosa on the question of issuing notice to Gen (retd) Pervez Musharraf with a view to providing him with an opportunity to defend himself in the case if he wanted so.

Hamid Khan, who is representing the Sindh High Court Bar Association, opposed issuing of notice to Musharraf, saying there was no precedence of issuing notices to former dictators in such cases and that former military ruler Yahya Khan, too, was not issued notice in the Asma Jillani case.

At this Justice Shahid Siddiqui said that there were people to defend Yahya Khan but in this case the attorney general is not defending him. Khan further contended that Musharraf was not being prosecuted, instead his constitutional actions were being examined; therefore, there was no need of issuing notices to him.

Justice Jawwad S Khawaja, however, observed that fairness demanded that Musharraf is provided with opportunity to come and defend himself. The attorney general, however, said he was leaving the matter to the court.

The chief justice remarked that if there were 0.001 per cent chance of revisiting the Tikka Iqbal case, the court would attack the Provisional Constitution Order (PCO). He said there would be fallouts and repercussions of this case, which he said would decide on the life of our nation.

“We would have to strengthen our institutions and there should be no more adventurism,” the CJ said. The chief justice further observed that the court was examining the PCO promulgated by Gen (retd) Pervez Musharraf. Therefore, someone may raise fingers at us for condemning someone who was not before us, he said.

Later, Justice Justice (retd) Malik Qayyum, told reporters outside the court building that he was thinking of representing Gen (retd) Musharraf in the court if he (Musharraf) asked him to do so. Barrister Aitzaz Ahsan, who was opposing Musharraf in the court in the past in a case filed against the military dictator for contesting the election for the office of the president, said that the retired general could appear before the Supreme Court either through his lawyer or in person.

“It is purely a constitutional petition and Musharraf either could appear in person or through his legal counsel; however, if the former military dictator appears in person it would be fine,” Aitzaz told Geo TV.

At the same time Aitzaz said that Musharraf would not opt to appear in person before the court for being a coward. He said that the court could issue a notice to Musharraf for appearing in person only if a criminal petition was filed in the apex court.

Aitzaz Ahsan, however, to a question refused to plead Musharraf’s case, saying that he was a cruel ruler who put over 60 judges of the superior judiciary under house arrest along with their children.

Faith,Hope ,and Heart

I was once told only in dreams,
Do dreams come true,
But I am tell , here and now,
Your dreams are upto you,
like "The Rose"
we may pass through life,
"Not Understand"
And may be we won,t.
make all friends we should.
But always treasure what You have,
And in the mirror what you see,
Then strive to get all you have ,
and be all that you may be.
on the rocky roads of life
you must be strong to fall apart.
But I tell you from my soul to keep,
Faith,Hope and Heart.

By Nicci Pagon