ISLAMABAD, Nov 19: A counsel on Monday claimed before the Supreme Court that reasons General Pervez Musharraf had cited for proclaiming the state of emergency in the country on Nov 3 had been communicated to him by former prime minister Shaukat Aziz the same day, but not seeking imposition of emergency.

“Nowhere the Nov 3 letter of the ex-prime minister says to consider emergency,” Advocate Irfan Qadir, counsel for Tikka Iqbal Mohammad Khan, stated before a reduced seven-member bench hearing petitions against the imposition of emergency in the country.

Three senior judges on the 10-member bench had on Nov 16 opted out of the bench, thus reducing its strength to seven. They had argued that their certain rulings had been used by Gen Musharraf to justify the imposition of emergency.

The counsel informed the court that Gen Musharraf’s reply to the petitions against the emergency also contained the letter of the former prime minister, but emphasised that the letter was written to President Musharraf and not to the army chief who had clamped the emergency.

One of the grounds in the letter was the erosion of the trichotomy of powers, but instead the entire Constitution had been eroded by the emergency, the counsel said.

Advocate Qadir also read out the letter and said it was written by the ex-PM to share his thoughts on the current national security situation and the risks that it posed to the future of Pakistan.

“The government has made serious and sincere efforts to revive the economy, maintain law and order and curb extremism and terrorism in the country,” the letter said, adding that in the last few months, militancy, extremism and terrorist activities had been in ascendance, particularly in some districts of the NWFP where the writ of the government was being eroded and non-state militants were apparently gaining control.

“There have been a number of bomb blasts and suicide attacks in other parts of the country, including the recent suicide attack on a political rally in Karachi on Oct 18, and during the last 10 months 1,322 precious lives have been lost and 3,183 persons have been injured.”

About the judiciary, the letter said: “There has been increasing interference by some members of the judiciary in the government policy, adversely affecting economic growth, in particular. The cornerstone of the economic policies of the government is privatisation, liberalisation and deregulation which create economic growth and investment. Both local and foreign investment has been affected.”

It said: “It cannot be disputed that the legality of executive measures is open to judiciary scrutiny. But the wisdom or necessity of policy or a measure is an executive function and not open to judiciary review. In the recent past, some members of the judiciary have, nevertheless, departed from these norms.

“Most importantly, constant interference in executive functions, including but not limited to the control of terrorist activity, economic policy, price controls, downsizing of corporations and urban planning has weakened the writ of the government. This has increased the incidents of terrorist attacks, thereby posing grave threat to the life and property of the citizens of Pakistan and negatively impacting the economy.

“Wide-ranging suo motu actions of the courts negate the fundamentals of an adversarial system of justice. The police force has been completely demoralised and is fast losing its efficacy to fight terrorism. Intelligence agencies have been thwarted in their activities and prevented from pursuing terrorists.

“A large number of hardcore militants, extremists, terrorists and suicide bombers, who were arrested and being investigated, have been released. The persons so released are reported to be involved in heinous activities, resulting in loss of human life and property, and militants across the country have thus been encouraged while law-enforcement agencies subdued.”