Former AG Questions ‘SC haste’

Published February 16, 2008

LAHORE, Feb 15: Former law minister and attorney-general Syed Iqbal Haider has expressed surprise over the way the Supreme Court issued its judgment in favour of the Nov 3 emergency rule on Thursday and disposed of a review petition against it the next day although the matter was not of urgent nature.

In a statement on Friday, he said the review petitions had been filed by people with dubious credentials who belonged to Gen Musharraf’s camp.

He said Friday was the last working day before the elections and the judges hurriedly completed all proceedings, possibly because they thought that after the polls they would not be there to give their judgment.

He said even the petitioners’ counsel had requested for an adjournment for preparation because they were informed by the SC only the night before that their case was fixed before a 16-meber bench for Friday. He said by disposing of the review petition, the court had blocked the remedy by the “independent judiciary” when it would be restored.

He said the incumbent judges were forgetting one basic principle of law that they could not be judge in their own case.

“The persons who validated the emergency were not competent to do so because they were beneficiaries of the order which even its author Gen Musharraf had admitted was unconstitutional.

“The so-called validation of the proclamation of emergency and dismissal of the review petition is an exercise in futility as it is without jurisdiction and lawful authority and is of no lawful effect or consequence.”

The independent judiciary would be competent to set it aside, he said.

He argued no important political party or bar representative had challenged the proclamation of emergency for the simple reason that no lawful judicial forum was available to decide the matter. Had they filed any petition, they would have accorded recognition to the existing courts.

Opinion

Editorial

Trump 2.0
Updated 07 Nov, 2024

Trump 2.0

It remains to be seen how his promises to bring ‘peace’ to Middle East reconcile with his blatantly pro-Israel bias.
Fait accompli
07 Nov, 2024

Fait accompli

A SLEW of secretively conceived and hastily enacted legislation has achieved its intended result: the powers of the...
IPP contracts
07 Nov, 2024

IPP contracts

THE government expects the ongoing ‘negotiations’ with power producers aimed at revising the terms of sovereign...
Rushed legislation
Updated 06 Nov, 2024

Rushed legislation

For all its stress on "supremacy of parliament", the ruling coalition has wasted no opportunity to reiterate where its allegiances truly lie.
Jail reform policy
06 Nov, 2024

Jail reform policy

THE state is making a fresh attempt to improve conditions in Pakistan’s penitentiaries by developing a national...
BISP overhaul
06 Nov, 2024

BISP overhaul

IT has emerged that the spouses of over 28,500 Sindh government employees have been illicitly benefiting from BISP....