ISLAMABAD, April 15: The Chief Justice of Pakistan on Monday constituted a nine-member special bench to hear petitions challenging the assumption of office of president by Gen Pervez Musharraf, and then holding referendum to extend his tenure by five years.
The court will start hearing of petitions from April 17, Wednesday, filed by Qazi Hussain Ahmad, Amir Jamat-i-Islami, and of Lahore High Court, Rawalpindi Bench Bar Association through its secretary Imran Aziz.
The SC bench will consist of Chief Justice Sheikh Riaz Ahmad, Justice Munir A. Sheikh, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, Justice Mian Mohammad Ajmal, Justice Deedar Hussain Shah, Justice Hamid Ali Mirza, Justice Abdul Hameed Dogar and Justice Mohammad Nawaz Abbasi.
The court is not likely to take up the petition of Moulvi Iqbal Haider, seeking a declaration that there was no bar in the Constitution to prevent Gen Pervez Musharraf from holding referendum to fill the vacuum created after the resignation of elected President Mohammad Rafiq Tarar.
An official of the Supreme Court told Dawn that the petition of Iqbal Haider was incomplete as the judgment of Sindh High Court, which he assailed, was not attached with the petition.
The JI chief had filed petition on April 2, challenging Gen Musharraf’s assumption of president’s office, in violation of the Supreme Court judgment validating military takeover.
Dr Farooq Hasan will represent Qazi Hussain Ahmad. The government has engaged Abdul Hafeez Pirzada to defend the assumption of office of president by Gen Pervez Musharraf and holding of referendum.
The Lahore High Court, Rawalpindi Bench Bar Association, through its secretary Imran Aziz, sought a declaration that holding of referendum by President Pervez Musharraf was unconstitutional. Advocate Ikram Chaudhry will represent the LHCRB Bar Association.
The petitioner association stated that assumption of power as President of Pakistan was unconstitutional and against the law. It was further stated that removal of President Rafiq Tarar was an unconstitutional act.
Shahid Orakzai, another petitioner, has sought a declaration that Gen Pervez Musharraf validly held the office of President and could not be removed but in accordance with the Constitution. He prayed the court to prevent a massive misuse of public money on an “unnecessary, untimely and expensive” referendum.