3 SC judges opt out of emergency hearing
By Saad Saud

ISLAMABAD—Three judges of Supreme Court of Pakistan have refused to sit on the bench that is hearing the petitions filed against the imposition of emergency in the country. Justices Nawaz Abbasi, Javed Bhuttar and Faqir Khokhar, who were sworn in under the Provisional Constitutional Order after President Pervez Musharraf imposed emergency on November 3, have declined to be part of the bench.
Supreme Court ten-member full court headed by the Chief Justice of Pakistan Justice Abdul Hameed Dogar was hearing the petitions filed against the emergency when Justice Faqir Muhammad Khokhar in his remarks said that he could not hear the petitions against emergency, as allegations are being leveled against judiciary over releasing of terrorist of Lal mosque.
Justice Nawaz Abbasi in his remarks said that there is four judges that were included in the bench making decision for the opening of lal Masjid and in favour of missing people therefore Justice Javed Buttar and he also should not sit in the bench.
The apex court was hearing two petitions, one filed by a senior Pakistan People’s Party leader Barrister Zafarullah and the other by Taka Iqbal, challenging the emergency, which suspended the constitution and key fundamental rights.
Advocate Irfan Qadir before the ten-member bench at the opening of hearing contended that only the Parliament has the right to make amendment in the constitution instead of Chief of Army Staff.
A single man cannot make amendment in the constitution. The imposition of emergency rule in the country was illegal, he added.
Justice Nawaz Abbasi replied that the amendment in the constitution was given in Zafar Ali Shah case, which had not affected the basic structure of the constitution. Chief Justice Abdul Hameed Dogar asked the advocate Irfan Qadir to argue before the bench keeping in view that there are no assemblies in the country, adding that, what would be the situation if elections were not held.
Upon it, advocate Irfan Qadir said that the judiciary should review that it can authorize amendment in the constitution keeping in view the current scenario or not. In my point of view, Permission should not be granted.
Continuing his remarks, the advocate reminded that the apex court in its decisions on various cases including case of Aasima Jillani made it clear that the power of high judiciary to hear cases can not be suspended despite Marital law and PCO.
It was also asked in Zafar Ali Shah case that the involvement of army in civil matters could cause problems, he added. Upon it, Justice Nawaz Abbasi said that the involvement of army in zafar Ali shah case was declared legal.
Advocate Iran Qadir replied that the court in its decision ordered establishment of civilian Government as soon as possible. The involvement of army will be dangerous for the country. The army interference should end.
Justice Abdul Hameed Dogar said that the schedule of next general elections would be released within two days. There are speculations that President Musharraf is doing off his military uniform and we are heading towards civil rule.
The imposition rule in the country was illegal, as time of Zafar Ali Shah case, the national exchequer was full, advocate pointed out. Chief Justice Abdul Hammed Dogar declared the remarks of advocate Irfan Qadir out of context by saying that the emergency was declared due to deteriorating security situation in the country.
Advocate Irfan Qadir said that the emergency cannot be declared on the basis of terrorism and extremism; if the step was so necessary then it should have been taken according to the constitution.
According to article-II A of the constitution, the basic rights can be suspended therefore the order of emergency is illegal, he maintained.