Petitions dismissed against Presidential election

ISLAMABAD—A 10-member bench of Supreme Court (SC) has dismissed 5 constitutional petitions against acceptance of General Pervez Musharraf nomination papers for presidential elections being not pursued by the petitioners. The petitions were filed by presidential candidate Justice (Retd) Wajih ud Din Ahmad, Makhdoom Amin Fahim, lawyers forum and others. 10 members bench was headed by Chief Justice of Pakistan (CJP) Abdul Hamid Dogar.
CJP had constituted 10-member bench on Saturday. Attorney General of Pakistan Malik Qayyum, Sharif ud Din Pirzada, Deputy Attorney general Naheeda Mehboob Elahi, advocate on record Chaudhry Muhammad Akram, MS Khattak and Raja Shafqat Abbasi appeared before the court Monday on the occasion of hearing of the petitions. When the hearing started, Raja Shafqat Abbasi counsel for Makhdoom Amin Fahim said he had received no instructions from his client to give arguments before the court. When the court directed him to give arguments he again told he had received no instructions in this regard.
The SC rejected the petition filed by Makhdoom Amin Fahim being not pursued. When the petitions of Dr Anwar ul Haq and Liaqat Baloch came up before the court for hearing, advocate on record Chaudhry Muhammad Akram told the court Dr Anwar ul Haq had gone to Mecca and he could not succeed to contact him. He further told Farooq Hassan counsel of Liaqat Baloch had proceeded to London and efforts had been made to contact Liaqat Baloch in this respect but no response was received, therefore he can not give arguments as he has received no such instruction. The court rejected the applications being not pursued.
The court ordered for issuing notice to another petitioner Zahoor Mehdi as no lawyer on his behalf appeared before the court. Advocate on record MS Khattak appeared before the court on behalf of presidential candidate Justice (Retd) Wajih Ud Din Ahmad and told that Hamid Khan counsel for Justice (Retd) Wajih Ud Din is not being located while advocate Aitzaz Ahsan was arrested. The court asked him to give arguments. Advocate on record MS Khattak said counsel had already given his arguments on this count.
CJP remarked this was new bench therefore he should give arguments before this bench. Upon it MS Khattak said he had received no instructions to give arguments. The senior judge of 10-member bench Justice Nawaz Abbasi remarked “You should not take it so easy as you don’t know where are you standing. The CJP asked MS Khattak to inform the court in writing. The petition filed by Justice (Retd) Wajih ud Din Ahmad was also dismissed after a written reply was filed by MS Khattak. The court also rejected a contempt of court plea filed by justice (Retd) Wajih ud Din Ahmad against chief election commissioner on announcement of result of presidential election being not pursued.
Ten-member full court of the Supreme Court Monday dismissed six petitions including a contempt petition filed by Justice (Retd) Wajihuddin Ahmed and others challenging the eligibility of General Pervez Musharraf to contest Presidential election for the 2nd term, as withdrawn as well as due to non-prosecution. Presidential election was held on October 6 but official notification was not issued as mentioned in the short order passed by the Supreme Court earlier.
Petitions which have been dismissed were filed by Justice (Retd) Wajihuddin Ahmed, Makhdoom Amin Fahim of PPPP, Pakistan Lawyers Forum, Liaquat Baloch of MMA and Dr.Anwarul Haq in the Supreme Court under Article 184 (3) of the Constitution. Three of them filed by Makhdoom Amin Fahim, Liaquat Baloch and Dr. Anwarul Haq were dismissed as withdrawn and the remaining three petitions including a contempt petition were filed by Wajihuddin Ahmed and Pakistan Lawyers Forum were dismissed due to non-prosecution.