SC’s opinion sought on PCO

Published September 6, 2003

ISLAMABAD, Sept 5: The Supreme Court of Pakistan was approached by Maulvi Iqbal Haider seeking a declaration that President Gen Pervez Musharraf still enjoyed powers to re- promulgate the Provisional Constitutional Order as the proclamation of emergency, which was issued on Oct 12, 1999, was still in force.

The petitioner said that the whole idea about moving the apex court was to provide a “way out” to the government as well as the Muttahida Majlis-i-Amal as they held diametrically opposing view on the status of the Legal Framework Order. They (the government and the MMA) had agreed on all the points, except whether the LFO had become part of the Constitution or not, he said.

The petitioner says that if the Supreme Court accepted his view, the president would be able to hold 29 disputed amendments in the Constitution through the LFO, in abeyance, paving the way for tabling a constitutional amendment bill, which would be approved by the ruling coalition with the MMA’s support.

The petitioner has relied on the observation of a Supreme Court judgment, in which it justified the military rule under the “Doctrine of Necessity.”