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‘SC can’t
stay martial law, emergency’
By Saad Saud
ISLAMABAD—Supreme Court has remarked it will neither be intimidated by
any threat of martial law or emergency not will it take dictation from
any one.
These remarks were given by justice Javed Iqbal while presiding over 11
members larger bench of SC hearing constitutional petitions challenging
the acceptance of candidature of the president for presidential polls.
Attorney General (AG) Malik Qayyum resumed his arguments as soon as the
court started hearing. Justice Javed Iqbal remarked the case was pending
in the court against the acceptance of general Musharraf nomination
papers for the presidential elections, therefore, media should not
decide this case as the court has to decide about it. Journalists should
discharge their obligations with full responsibility and not to
sensationalize the case. Chaudhry Aitzaz Ahsan counsel for presidential
candidate Justice (Retd) Wajih ud Din Ahmad said application submitted
by him seeking court’s orders for restraining the government from taking
any ultra-constitutional step including imposition of martial law or
emergency or proclamation of Provisional Constitutional Order (PCO) be
considered now. Justice Javed Iqbal asked Aitzaz Ahsan to deposit his
application “ We will talk about it on Monday”, he remarked.
Aitzaz said if any sword falls in this respect then “ I should not be
asked”. Justice Javed Iqbal remarked court could not issue any stay
order against imposition of emergency or martial law. Aitzaz said AG
should be asked in this regard. AG said “ I have not to impose martial
law. I know nothing about it”. Justice Javed Iqbal observed court would
keep its quorum full. Aitzaz said editorial have been written on
imposition of martial law and emergency in three newspapers on Friday.
Justice Javed Iqbal remarked “let the decision come. Then it will be
your property and you will be at liberty what to do with it. Every one
will be heard fully and appropriate opportunity will be given. We have
extended the court time too to hear the case today as we want to dispel
this impression that the case is being prolonged. AK Dogar said press
was a sacred institution. There is no wrong in it if it comes to the
knowledge of people what we talk about here.
Justice Javed Iqbal remarked intellectuals should be brought in TV shows
but those intellectuals should be invited who had read the constitution.
Every one and other is looking at each other with suspicious looks. But
we will give the decision as per law and constitution. “ We want to hear
the case today as well”, he further observed.
However the hearing was adjourned till Monday at the request of Aitzaz
Ahsan, Sharif ud Din Pirzada and Waseem Sajjad. AG said he would take
one hour on Monday and complete his arguments. Sharif ud Din Pirzada and
Waseem Sajjad said they needed one full day each. Aitzaz Ahsan said he
also wanted to give arguments. The hearing was adjourned till Monday.
Lawyer of Presidential Candidate Justice (retd) Wajihuddin Ahmad and
President Supreme Court Bar Association, Chaudhry Aitzaz Ahsan has said
that the lawyers fraternity would not accept any new Provincial
Constitutional Order (PCO) and the judges to take oath under PCO would
be boycotted. Talking to media men after hearing of the petitions
challenging General Pervez Musharraf’s candidature for the office of
President, Aitzaz Ahsan said that protests would be held against the
judges who would take oath under PCO. |