SC dismisses martial law, emergency threat
By Saad Saud

ISLAMABAD—Supreme Court (SC) has observed it will not be deterred by any one’s threats and the decision on constitutional petitions with regard to nomination papers acceptance case will be given in accordance with the constitution and law. The SC further observed no one should think that he had held the SC hostage adding if elections were not held in line with constitution then the apex court could intervene.
These observations were made by justice Javed Iqbal while presiding over 11-member larger bench of SC hearing constitutional petitions challenging acceptance of nomination papers of president general Pervez Musharraf by the Election Commission (EC) for presidential polls. Giving the arguments Attorney General (AG) Malik Qayyum told the court the presidential elections could not be challenged in any court as it enjoyed protection under article 6(41).
Justice Javed Iqbal remarked election had not been challenged in the petitions and rather candidature had been challenged. The court had allowed the elections in view of specific situation, he further remarked. AG while explaining the point said the election process had started when election schedule was announced on September, 22. Nomination papers and scrutiny of the papers were the part of election process, he added. The constitution had kept the presidential elections aside from the controversies, he told.
Justice Ramday observed if the Chief Election Commissioner (CEC) accepted the nomination papers of a 12 years old boy even then whether the election would not be challenged , he further remarked. . AG said CEC is retired or serving judge of superior courts, he knows well the law and he can not commit this mistake. Justice Javed Iqbal remarked the constitution had kept the courts aside from presidential polls on the very condition that elections should be held in line with constitution other wise the court could intervene.
AG said constitution had not provided for formation of any tribunal against the presidential elections. Justice Ramday questioned if the CEC wielded divine powers during presidential polls, AG said constitution had given him powers whatever they are. No presidential election has been challenged in India and Pakistan so far. Justice Buttar observed if the presidential election could not be challenged and the election were not held in conformity with the constitution then what should the petitioner do. AG said answers to these questions are available in Qazi Hussain Ahmad and Lawyer’s forum cases. Whatever decision is given by the SC will be applicable to next elections and not the present election as SC decision takes effect from the day it is announced. Justice Javed Iqbal asked the AG how much time he would take more.
AG told he was yet to give the replies to important questions therefore; he would take one more day. Justice Javed Iqbal observed, “ we wanted to decide the case till Thursday but it would not be possible due to protracted arguments. One member of bench would not be available next week Barrister Aitzaz Ahsan said doctrine of necessity is buried therefore; it should not be referred to again and again.
Justice Javed Iqbal remarked doctrine of necessity was buried but its soul was still there. AG said doctrine of necessity was buried and “ we don’t want decision of the case is given in keeping with this doctrine. Justice Javed Iqbal remarked when the arguments of AG were concluded then arrangement would be made for its soul too.