PCO review petition rejected
By Saad Saud

ISLAMABAD—Supreme Court has rejected review petition filed against its detailed judgment whereby it has validated proclamation of PCO and has declared November 3 steps as valid. A 13-member SC bench headed by chief justice Abdul Hamid Dogar took up the petition for hearing filed by Iqbal Tikka advocate against detailed verdict of apex court on validating imposition of emergency. Advocate on record Chaudhry Arshid appeared to pursue appeal plea, Sharif ud Din Pirzada appeared on behalf of president Pervez Musharraf and attorney general Malik Qayyum represented state during the hearing. Advocate on record Chaudhry Arshid argued the proclamation of emergency on November, 3, 2007 was not in the national interest. Chief of Army Staff neither can hold the constitution in abeyance nor can take extra constitutional step, he submitted. Even the president of Pakistan had no authority to depose judges. Army has no role to play as far as administrative matters are concerned, he further submitted. Justice Yousuf observed on one hand “ you are saying judges were removed on the other hand you are saying oath was not administered to the judges. Your stance carries contradictions.
Chief Justice Abdul Hamid Dogar remarked the fact was that oath was not administered to these judges.
Attorney general Malik Qayyum said the verdict given by SC on validating the imposition of emergency on November, 3 was comprehensive. The court has declared proclamation of emergency valid in the light of its some earlier decisions, he added. Situation in the country was worse when emergency was imposed; People were being killed and solidarity of the country was put at stake. The image of the country was becoming tarnished abroad. One international magazine News Week had declared Pakistan the most dangerous country. Therefore emergency was imposed in the country for short term. Judiciary was overstepping its powers in this respect, he submitted.
President’s counsel Sharif ud Din Pirzada submitted that court could consider review petition if it finds a visible error in its decision and no more decisions are available, he said. The SC had focused on all the aspects of the case in its judgment whereby it had declared the imposition of emergency valid. Therefore, there is no need to take any action on review petition and it be dismissed, he requested.