June 10, 2007	Sunday	Jamadi-ul-Awwal 24, 1428

LAHORE, June 9: The Pakistan Lawyers Forum on Saturday filed an intra-court appeal against the dismissal of its constitutional petition seeking action against the army corps commanders and principal staff officers for subversion of the constitution by extending support to President Gen Pervez Musharraf.

Forum President A.K.Dogar has stated in his appeal that a single bench of the court had disposed of his petition sustaining the objections raised by the LHC Registrar’s office based on Article 199 (3) of the Constitution.

Sustaining of objection was against the well settled principle of law enunciated in Lt. Col. Anwar Aziz Case in which it had been held that the courts could examine cases falling within the categories of mala fide, without jurisdiction or coram non-judice.

He contended that the statement of the corps commanders was absolutely without jurisdiction due to being against the provisions of Article 244 of the Constitution and fit for scrutiny by the court.

He stated twelve judges of the Supreme Court had held in Zafar Ali Shah Case against Proclamation of Emergency Order in October 1999 that the superior courts retained the power of judicial review.

Intra-court appeal on dismissal of a petition on objection could be heard because a division bench had set aside the order of a single bench in the appeal filed by Ms.Perveen Akhtar but another division bench had upheld the order passed by the single bench, he contended.