Dawn : Supreme Court a constitutional not revolutionary forum: Justice Javed Iqbal

Supreme Court a constitutional not revolutionary forum: Justice Javed Iqbal

APP | October 25, 2007

ISLAMABAD, Oct 25 (APP): Supreme Court is a constitutional and not a revolutionary forum, Justice Javed Iqbal heading an 11-member bench of the apex court observed on Thursday during proceedings of various constitutional petitions against the candidacy/eligibility of president Pervez Musharraf for the next term as well as holding of two offices.

Ch. Aitzaz Ahsan counsel of the petitioner Justice (Retd) Wajihuddin Ahmed who completed his arguments on Thursday said that general elections for existing assemblies were held on October 10, 2002 and they had already completed their mandate.

Therefore, these assemblies were not competent to elect the president for another term of five years.

Justice Abdul Hameed Dogar observed that the existing assemblies could use their constitutional functions till the expiry of the term; even have right to pass amendment on the last day of tenure.

Yes, I agree with this. May be it will be constitutionally right but not morally, Ch. Aitzaz Ahsan said.

Talking about the point raised by Justice Javed Iqbal regarding role of Supreme Court as constitutional forum not as revolutionary forum, Justice Khalil-ur-Rehman Ramday observed, “We are not enemy of the government or against it because Legislature, Executive and Judiciary complement each other for strengthening the system for smooth running of the country and we will show our responsibility, he added.

Members of the bench raised a number of questions about articles 62, 63 and 41 (2) besides others relating to the qualifications and disqualifications of a candidate.

Earlier, Hamid Khan advocate requested the court to allow him to argue after Ch. Aitzaz Ahsan in contempt petition filed against the Chief Election Commissioner by Justice (Retd) Wajih-ud-din which was rejected by the bench with assurance to look into that after completion of arguments from both sides.

Sardar Mohammad Latif Khan Khosa, counsel of Makhdoom Amin Fahim and counsels of other petitioners will start arguments on the next date of hearing i.e. Monday.