SC issues detailed verdict over discarding of Musharraf petition

Published April 10, 2014
Supreme Court of Pakistan — File photo
Supreme Court of Pakistan — File photo

ISLAMABAD: The Supreme Court of Pakistan on Thursday issued its detailed verdict over the disposal of the petition filed by former military ruler General (retd) Pervez Musharraf, against the apex court's earlier decision, saying the matter was time -barred, DawnNews reported.

Former president Musharraf had challenged the court's earlier judgment which had declared the military dictator's Nov 3, 2007 emergency, and most of the actions under taken it, as illegal and unconstitutional.

The 42-page verdict was drafted by Chief Justice Tasadduq Hussain Jillani whereas Justice Jawwad S. Khawaja attached 12 pages of additional notes to the verdict.

The court while issuing its judgement said that the arguements of the former president's lawyers were heard to fulfil the requirements of justice but the plea had to be discarded as it was time-barred.

The apex court’s 14-member larger bench, headed by Chief Justice Tassaduq Hussain Jilani, on Jan 30, 2014, disposed of the petition, citing that the plea contained irrelevant precedence and was also time-barred.

There is a limited time after the announcement of a court judgment during which an appeal can be filed to challenge the court's decision and upon its expiry the case is considered as time-barred.

On Dec 23, 2013, Musharraf had filed a petition after a delay of over four years, seeking review of the landmark July 31, 2009, decision but the review petition was returned by the court office by raising eight objections, against which an appeal was preferred.

The review petition had pleaded that Musharraf was facing trial before the special court for the offence of high treason on the basis of July 31, 2009, verdict of the apex court, also accepting for the first time that the constitutional deviation by clamping Nov 3, 2007, emergency was for public good and to get rid of former Chief Justice Iftikhar Mohammad Chaudhry as well as some judges since their removal had then become impossible under the normal legal procedures.

The review petition argued that former elected Prime Minister Shaukat Aziz had recommended taking extra-constitutional measures of proclaiming Nov 3 emergency.

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