ISLAMABAD, Aug 28: The Supreme Court on Tuesday ordered constitution of a seven-member larger bench to hear a petition filed by the Pakistan Lawyers’ Forum (PLF) for restraining President Pervez Musharraf from getting re-elected from the present assemblies.

The court accepted the arguments of Advocate A.K. Dogar that the petition should be heard by a larger bench since earlier pleas had been heard and dismissed by a five-member bench.

On June 24, 2005, a bench comprising then chief justice Nazim Hussain Siddiqui, present Chief Justice Iftikhar Mohammad Chaudhry, Justice Javed Iqbal, Justice Abdul Hameed Dogar and Justice Fakir Mohammad Khokhar had rejected petitions of the PLF against the 17th Constitutional Amendment and the president keeping two offices on the grounds that parliament could make any amendment to the constitution.

Advocate Dogar told reporters that the PLF had added some points to the review application with a request to the Supreme Court to restrain Gen Musharraf from misusing the impartial and non-partisan office of the president by trying to enter into a ‘deal’ with any political party.

The president should also be restrained from acting as the head of the ruling Pakistan Muslim League and attending political meetings, he said.

QAZI’S PLEA: The court is likely to take up on Wednesday an appeal of Jamaat-i-Islami chief Qazi Hussain Ahmed against objections raised by its registrar to his petition challenging Gen Musharraf’s tenure as army chief.

Justice Rana Bhagwandas had ordered hearing of the appeal against the order of the registrar who had returned the petition with objections that the president enjoyed immunity under Article 248 of the Constitution and he could not be called in question in any court. The petitioner had also sought a number of remedies.

Advocate Shaukat Aziz Siddiqui told Dawn that on a request for early hearing, the case was being fixed before a four-member bench headed by Justice Javed Iqbal.

In his petition, Qazi Hussain pleads that Gen Musharraf crossed his age of superannuation in August 2003 and he cannot continue his army job. The petitioner seeks a court order against Gen Musharraf continuing as Chief of the Army Staff.

“Gen Musharraf is continuously violating the Constitution, law and service rules by addressing public rallies,” he said, adding that a government servant could not participate in rallies under the service rules.

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 the political parties of his personal liking, dragging the army into politics for his own benefit, holding the office of profit in the ‘service of Pakistan’ and ridiculing the judiciary.

The Communist Party of Pakistan’s chairman Jamil Ahmed Malik has also challenged the presidential election of Gen Musharraf in the Supreme Court.

The petitioner has pleaded before the court to stay the filing of nomination papers of Gen Musharraf because being Chief of the Army Staff he was a government servant. His services were governed by the Pakistan Army Act of 1952, which barred its employees from taking part in politics and elections, the petitioner said.