ISLAMABAD, Nov 2: A visibly agitated Supreme Court bench on Friday expressed displeasure over the growing public perception that the court was prolonging the hearing of petitions against the eligibility of Gen Pervez Musharraf for the presidential election and was responsible for the prevailing atmosphere of uncertainty in the country, giving rise to speculations about extra-constitutional measures.
The court decided to change the schedule of hearing in order to give a verdict on the petitions before Nov 15 when the tenure of President Gen Pervez Musharraf ends.
A the outset, the judges expressed their displeasure over media statements of Attorney-General Malik Mohammad Qayyum and Justice (retd) Wajihuddin Ahmed’s counsel Barrister Aitzaz Ahsan.
On Thursday, the attorney-general had told a private television channel that President Musharraf would continue to keep both his offices if he was stopped from taking oath as president by Nov 15. In case of an adverse decision by the court, he had said, the president would not relinquish the post of army chief.
Mr Ahsan had expressed doubts that the government side’s strategy to prolong the arguments indicated that they were up to something to pave the way for extra-constitutional measures or emergency.
“Even in case of extra-constitutional measures, emergency or martial law, the court will decide the matter strictly in accordance with the law and the Constitution, without any fear or threat,” observed Justice Javed Iqbal, who is heading the 11-member bench. Since March 9, new things had been happening but the court would not take responsibility of all these and would give its verdict independently, he said.
He said the court would not allow anybody to break its decorum or cross-talk during the hearing and assured both the sides that they would be given an opportunity to present their case.
With the consent of the two sides, the bench decided to resume the hearing on Nov 5, instead of Nov 12, and decide the issue as early as possible. The court will break for a while next week due to the wedding of a family member of Justice Raja Fayyaz.
Justice Tassadduq Hussain Jillani said it would be in the national interest if the court decided the matter without much delay.
Justice Iqbal said nobody could dictate the court and asked the media to refrain from sensationalism and discussions on sub judice matters. He said the media should invite to their talk shows intellectuals who were well versed in provisions of the Constitution. Mr Ahsan dubbed as a direct threat to the judges the rumours about extra-constitutional steps and a fresh oath for judges under the Provisional Constitutional Order.
Opposing the idea to sit on Saturday and Sunday, as was announced by Justice Iqbal earlier, Barrister Ahsan said he wanted to visit different bars of the country to “add to the judiciary’s strength before the axe falls on the judges”. He added that being the newly-elected president of the Supreme Court Bar Association, he had called his first meeting on Saturday.
The attorney-general repeatedly denied reports about imposition of martial law and clarified that such extreme extra-constitutional steps would be taken with his consent.
