LAHORE, Oct 12: The Federal Shariat Court will start hearing of a petition for declaring the Provisional Constitutional Order-I and the Proclamation of Emergency, 1999, as repugnant to the injunctions of Islam on Oct 23.

The petition has been filed by the Pakistan Lawyers Forum through its secretary Nisar A. Mujahid submitting that the PCO-I promulgated by Gen Pervez Musharraf on October 14, 1999, after overthrowing an elected government was against the injunctions of Islam. All other orders and ordinances issued by him subsequently were also repugnant to Islam.

The petitioner submitted that Pious Caliphs were appointed by mutual consent and consultation while the kings thrust themselves on the people.

He contended that the Supreme Court had validated the government of President Musharraf and allowed him to amend the Constitution in its judgment announced on May 12, 2000, against the spirit of the Holy Quran and Sunnat, the principles enunciated by Imam Abu Hanifa and the Objectives Resolution enshrined in Article 2-A of the Constitution which prohibited seizure of the government by force and establishment of a dictatorship.

The petitioner submitted that only the Federal Shariat Court has the power to make a pronouncement on the Islamic character of any law or action and declare the Supreme Court judgment given on May 12 to the extent that it had validated the military dictatorship against the injunctions of Islam.