Pakistan Supreme Court Dismisses Petitions Against Musharraf’s Candidacy
The Supreme Court of Pakistan has just ruled that petitions by Imran Khan (Tehreek-e Insaaf) and Qazi Hussain Ahmed (Jamaat-e Islami) that protested Pervez Musharraf’s eligibility for presidential re-election are “unmaintainable.” This clears the way for Musharraf’s re-election via an electoral college consisting of the national parliament and provincial assemblies. The lawyer’s movement will continue its opposition to Musharraf, perhaps focusing on the Election Commission’s irregularities, but the major remaining roadblock to the Pakistani president’s re-election is the potential denial of an electoral college quorum. This can occur if the Muttahida Majlis-e Amal (MMA) resigns from the North-Western Frontier Province (NWFP) Provincial Assembly or if the People’s Party resigns from the National Assembly, which are unlikely.
Fazlur Rahman of the Jamaat-e Ulema-e Islam (JUI-F) only supports resigning from the National Assembly, a move that will amount to nothing tangible. The Maulana apparently hopes to be rewarded by Pakistan’s present rulers, or at the very least fears punishment with a poor showing in subsequent national and provincial elections. Benazir Bhutto’s People’s Party will neither deny Musharraf a quorum nor vote for him. Their votes are not necessary for a Musharraf victory anyway. In short, the Supreme Court’s provides legal-political cover for Benazir Bhutto and Fazlur Rahman to “oppose” Musharraf in the most benign fashion possible.
The High Court’s decision is a significant blow for the lawyer’s movement, but isn’t a complete defeat for those desiring the rule of law in Pakistan. GEO TV reports that Justice Rana Bhagwan Das stated in his remarks, “We have buried the law of necessity,” strongly suggesting that military coups and other radical extra judicial acts will not be tolerated in the future. Essentially they can be saying to Musharraf, “This is the last time we’ll do this for you.” But that’s easier said than done — Musharraf received Supreme Court legitimization of his coup by strong-arming judges through the Oath of Judges Order in January 2000.
The court will come out with a detailed ruling perhaps later today, hopefully shedding light on how the opposition’s petitions were “unmaintainable.” Meanwhile, the Jamaat-e Islami’s lawyer Akram Sheikh will submit a review petition and ask that a full court, with the Chief Justice presiding, rule over the decision.







Dear writer,
The Hon. Justice Javed Iqbal and justice Shakirullah Jan, also stated that “Doctrine of necessity is now buried” infact, Hon. Justice Javed Iqbal Said that now and onwards supreme court will never use this again.
Regards
Ali Khan