ISLAMABAD, March 20: Assumption of office of President by Chief Executive Pervez Musharraf was challenged in the Supreme Court on Wednesday, changing the complexion of the controversy raging over the appointment of judges in violation of seniority principle.

Advocate Rai Nawaz Kharal, one of the petitioners who had challenged the appointments of judges from the high court to SC in violation of seniority principle, on Wednesday filed a civil miscellaneous petition, stating that appointment of judges to the Supreme Court by Chief Executive Pervez Musharraf was void.

Dr Farooq Hasan, who is representing Rai Nawaz Kharal, in his brief address to the bench on Wednesday, explained the contents of the civil miscellaneous petition and requested the court to decide it along with the petitions the bench is hearing.

“There being no elected President in the country at the moment, no order under Article 177 can be issued to appoint judges whose appointing notification is challenged in this petition.” He stated that Pervez Musharraf was allowed by the Supreme Court to undertake the administration of the country until October 12, 2002, by the latest.

The petitioner stated that president in office at the time of coup and when the Supreme Court granted conditional validation of military takeover, was Mr Rafiq Tarar. The petitioner stated that his services were publicly acknowledged by the military regime.

The petitioner said that on June 20, 2001, suddenly without any resignation by him, Rafiq Tarar was summarily removed from office by the chief executive. “The said unlawful removal of the Constitutional President Rafiq Tarar by the Chief Executive is unsustainable.”

The petitioner said that President Rafiq Tarar represented the unity of the Federation, since he had been elected by all the provinces of Pakistan.