SC not a revolutionary forum: Justice Javed
By Saad Saud

ISLAMABAD—Supreme Court is not a revolutionary force but it is a constitutional institution and it will decide every case in accordance with law and constitution. These remarks were given by justice Javed Iqbal while presiding over 11-member SC bench hearing identical constitutional petitions challenging acceptance of president Musharraf nomination papers by the Election Commission (EC) for presidential polls.
Justice Javed Iqbal observed SC is not any revolutionary force and rather it is a constitutional institution. Political questions and political conflicts are two separate things. Problems rise when court and politics are combined. Parliament is proper forum for settlement of political conflicts. Was it not moral obligation of the parliament that they should themselves have said their term was going to be completed therefore, they could not re-elect president for the next term, he further observed.
Aitzaz Ahsan counsel for presidential candidate Justice (Retd) Wajih ud Din while giving arguments said no army officer or government employee can retain political post during service. If he does so then it can be likened to the example that a deputy commissioner earns a political standing during his appointment in a district by initiating development works. Then he resigns all of a sudden, takes part in the election and is elected as MNA. Therefore, the constitution has allowed the government employee to take part in the politics after two years of retirement to avert this situation, he submitted.
Aitzaz argued general Pervez Musharraf was not eligible to become presidential candidate and the present assemblies were not authorized to re-elect him for the next term. The interim period laid down in 17th constitutional amendment will expire on November 15, 2007. Therefore, the next assemblies can only re-elect the president, he pleaded. Justice Nawaz Abbasi remarked if SC declares the EC decision incorrect and reject the nomination papers of the president it will take effect from the past and a new Pandora box will open this way.
Aitzaz said SC could not allow the president on the ground it had been happening so in the past. No wrong decision should be given by making the past basis, he contended. Justice Javed Iqbal remarked this case would be decided after taking into account its every aspect in the perspective of law and constitution. Justice Khalil ur Rehman Ramday observed courts were blocking the way of revolution by assisting administration and legislative. If matters go into the hands of masses then our fate will not be different from Iran, Russia and France, he further remarked.
Counsel for Pakistan Lawyers forum A K Dogar said revolutions come into being more due to wrong decisions of courts than the factor of slipping the matters into the hands of masses. Aitzaz citing to lawyers forum and Qazi Hussain Ahmad cases said the decisions given in these two cases were in conflict with the constitution. Justice Abdul Hamid Dogar remarked no one had challenged Qazi Hussain case. Aitzaz said it was not his fault. This was discussed in the parliament too, he added. The hearing was adjourned till October, 29.
Thousands of relatives and supporters of the missing persons reportedly abducted by security agencies held a protest demo against the Supreme Court, and raised anti-government slogans. The protests, which took place on Thursday, were also attended by masses and MMA parliamentarians, Begum Bilquis Saif, Jamila Ahmad, Ayesha Munawwar and others who personally visited the camps of kin of missing persons, to express their solidarity with them.