LAHORE, Oct 23: “The Supreme Court has approved the Musharraf government and allowed it to continue in its judgments in Zafar Ali Shah and Wasim Sajjad cases.”

These observations were made here on Wednesday by a full bench of the Federal Shariat Court comprising Chief Justice Fazal Elahi Khan, Justice Dr Fida Muhammad Khan and Justice Sardar Muhammad Dogar during the preliminary hearing of a Pakistan Lawyers Forum petition for declaring the Provisional Constitutional Order and Proclamation of Emergency by Gen Pervez Musharraf after the Oct 12, 1999 takeover un-Islamic.

When PLF counsel A. K. Dogar submitted that the apex court had validated the Musharraf government under compulsion, a judge observed: “If the Supreme Court can be compelled what this court can do?”

Mr Dogar contended that he had not approached the court for the review of the Supreme Court judgment but examination of the PCO and Proclamation of Emergency to determine whether these were Islamic or not. The questions had been raised during the hearing of Zafar Ali Shah case but not answered in the Supreme Court judgment.

He submitted that the apex court itself had described the general’s action extra-constitutional.

He said Islam and Holy Quran had become the supreme law of the country after the insertion of Article 2-A in the Constitution and any law found against the Islamic principles required to be struck down.

He argued that he had filed the petition in June, 2000, after the announcement of the Supreme Court judgment in Zafar Ali Shah case.

He contended that the authority under Article 2-A could be exercised only by the chosen representatives of the people. Islam was also a democratic religion and was opposed to takeover of the government by force. A caliph was required to be chosen by consensus and a ruler taking over control of the government was considered a usurper. Imam Abu Hanifa had disapproved of seizing power by force and taking bait (consent) of the people under pressure.

The hearing was adjourned sine die.