ISLAMABAD, July 30: Justice Rana Bhagwandas, senior judge of the Supreme Court, on Monday ordered the fixing of an appeal of Jamaat-i-Islami chief Qazi Hussain in an open court to deal with the objections raised by the registrar of the apex court against his petition challenging General Pervez Musharraf’s tenure as army chief.
The Supreme Court registrar had returned the petition of Qazi Hussain Ahmed with objections that under Article 248 of the Constitution, the president enjoys immunity and, therefore, he cannot be called in question in any court of law, besides the petitioner asked for a number of remedies from the court.
Justice Bhagwandas after hearing the appeal in his chamber ordered the fixing of appeal before a regular court at some appropriate time.
In his petition, Qazi Hussain pleaded that General Pervez Musharraf had crossed his age of superannuation in August 2003 and as such he could not continue his army job after 60 years.
He sought a court order against Gen Musharraf’s tenure as Chief of the Army Staff.
“Gen Musharraf is continuously violating the Constitution, law and service rules by addressing the public rallies,” he said, adding that a government servant could not participate in public rallies under the existing service rules.
Gen Musharraf through the Aiwan-i-Sadar secretary, the ministry of defence and the Federation of Pakistan have been made respondents in the petition which was filed through Advocate Shaukat Aziz Siddiqui.
Qazi Hussain prayed that Gen Musharraf had rendered himself disqualified to hold the highest office of the president by acting against the Constitution, law of the land and ideology of Pakistan, betraying the nation, defying the oath, failing to represent the unity of the republic, siding with and campaigning for the political parties of his personal liking, dragging the army into politics for his own benefits, holding the office of profit in the ‘Service of Pakistan’ and ridiculing the judiciary.
