ISLAMABAD, Aug 29: The Supreme Court on Wednesday set aside orders of its registrar to return a petition of Jamaat-i-Islami chief Qazi Hussain challenging President Pervez Musharraf’s tenure as army chief and ordered regular hearing of the case.
“Office objections are overruled and the petition be fixed for regular hearing after court vacations,” a bench comprising Justice Javed Iqbal, Justice Faqir Mohammad Khokhar and Justice M. Javed Buttar held while deciding the appeal against the order of the registrar. The annual three-month vacation will end on Sept 10.
Advocate Hamid Khan pleaded the petition of Qazi Hussain, who was also present in the courtroom.
Earlier, Justice Rana Bhagwandas had ordered fixing of the appeal before a regular bench against the order of the registrar who had returned the petition with objections that under Article 248 of the Constitution the president enjoyed immunity.
In his petition, the Jamaat-i-Islami leader pleaded that Gen Musharraf had crossed his age of superannuation in August 2003. “Gen Musharraf is continuously violating the Constitution, law and service rules by addressing public rallies,” he said.
He prayed that Gen Musharraf had rendered himself disqualified to hold the highest office of the president by acting against the Constitution, law and ideology of Pakistan, betraying the nation, defying the oath, failing to represent the unity of the republic, siding with and campaigning for political parties of his liking, dragging the army into politics for his benefit, holding an office of profit in the service of Pakistan and ridiculing the judiciary.
The Jamaat-i-Islami also submitted a petition before the Supreme Court on Wednesday seeking declaration that re-election of President Musharraf for another term was illegal, unconstitutional and without lawful authority. The petition was filed by Advocate Mohammad Akram Sheikh on behalf of the party.
The Supreme Court has also constituted a seven-judge larger bench for the week commencing from Sept 3 to hear, apart from other cases, a review petition of the Pakistan Lawyers’ Forum (PLF) for restraining President Musharraf from getting re-elected from the present assemblies.
