ISLAMABAD, Nov 17: After a 16-day lapse, a new Supreme Court bench comprising 10 judges will resume on Monday the hearing of petitions filed against the acceptance of Gen Pervez Musharraf’s candidature for the presidential election by the Election Commission.
Headed by Chief Justice Abdul Hameed Dogar, the bench comprises Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice M. Javed Buttar, Justice Ijazul Hassan, Justice Mohammad Qaim Jan Khan, Justice Mosa K. Leghari, Justice Chaudhry Ijaz Yousaf, Justice Mohammad Akhtar Shabbir and Justice Zia Pervez.
The bench will take up the case at 11:30am after a seven-member larger bench ends its hearing of petitions against the proclamation of emergency.
According to legal experts, it is against judicial norms that a smaller bench hear a case which was earlier being heard by a larger bench.
Before Nov 3 when the emergency was proclaimed, an 11-member bench was hearing the petitions. During the last hearing on Nov 2, the visibly disturbed bench had expressed displeasure over a perception that the court was responsible for political uncertainty in the country at the time.
Attorney General Malik Mohammad Qayyum Khan had, however, stated that there was no possibility of a martial law or extra-constitutional measures. The next day, emergency was imposed and judges were asked to take a fresh oath under the new PCO.
On Oct 5, the court had declined to stay the presidential election, but had directed the Election Commission not to notify the result till its verdict.
