LAHORE, Nov 7: Justice Mohammad Saeed Akhtar of the Lahore High Court on Thursday reserved his judgment on Pakistan Lawyers Forum’s (PLF) petition against the validity of Legal Framework Order 2002.

Earlier, PLF’s A. K. Dogar completed his reply to the objection of Deputy Attorney General Sher Zaman Khan that the petition was not maintainable.

Mr Dogar submitted that the superior courts had the power to strike down the LFO that had been issued in violation of the Constitution of 1973, which was restored on Oct 13 when the three-year validation accorded by the Supreme Court to the Musharraf government expired.

He was of the view that formation of the civil government was being delayed due to the LFO. He said civilian rule could be restored only if the army returned to barracks and the parliament was allowed to elect a civilian president.

He submitted that promulgation of the LFO ahead of the general election was itself a proof that Gen Musharraf wanted to retain power.

He read excerpts from the Supreme Court judgments in Zafar Ali Shah and Waseem Sajjad cases to establish the point that Gen Pervez Musharraf had accepted the three-year deadline to hold elections and transfer power to civilians. The apex court had validated his extra-constitutional takeover only for three years and allowed him to make amendments to the Constitution during the period.

The Supreme Court had observed in its judgments that the chief executive could not be given unbridled power to amend the constitution even during the transitional period of three years. His power to amend the constitution was restricted to the three-year timeframe and he could not make permanent amendments to the Constitution as he had done by promulgating the LFO.

The court had observed in its judgment on Sheikh Liaqat Hussain Case that civil power should not be subordinate to army in times of peace. In the judgment in Asma Jilani Case, the apex court had observed that the control over armed forces was an essential element of state sovereignty.

He submitted that enforcement of the constitution was the duty of courts that were established under its provisions and drew its powers from it. The courts were not required to enforce the LFO, which had taken away their power of judicial review.

He submitted that Gen Musharraf had no right to rule under a constitution that he had subverted.