JI wants full court to hear petitions: Musharraf’s dual offices
By Nasir Iqbal
ISLAMABAD, Sept 14: The Jamaat-i-Islami on Friday requested the Supreme Court to constitute a full court comprising all judges, rather than a nine-member bench, to hear its petition against the holding of two offices by President Pervez Musharraf.
The nine-member bench, comprising Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M. Javed Buttar, will resume hearing on a set of identical petitions against Gen Musharraf holding the offices of the army chief and the president.Jamaat-i-Islami chief Qazi Hussain Ahmed has moved the court against president’s retention of the office of Chief of Army Staff. Pakistan Tehrik-i-Insaf chief Imran Khan, Jameel Ahmed and Shahid Orakzai have challenged President Musharraf holding the two offices. Prof Anwarul Haq has sought court’s permission to contest the presidential election.Admitting the JI petition for regular hearing, a seven-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry had on Sept 6 appointed senior advocates -- S.M. Zafar, Hafiz Pirzada and Chaudhry Aitzaz Ahsan -- to assist the bench as amici curiae (friend of the court) and asked Malik Qayyum to assist the court as attorney-general.
Through a fresh application, the JI appealed to the Supreme Court to constitute a full court as it involved a number of issues pertaining to interpretation of the Constitution and questions relating to the eligibility of a person to occupy the office the president of Pakistan.
“In view of the likely impact of the issues on the entire country, it will be just and appropriate to constitute a full court, except those judges who might recuse, for adjudication of the petition,” the application said.
The composition of the full court could be in accordance with the practice followed by the court in the case of the Chief Justice of Pakistan versus the President of Pakistan, it said.