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No one can dictate SC, says Justice Javed |
ISLAMABAD: Justice Javed Iqbal on Friday reiterated that the court would not yield to any threat of imposition of martial law, emergency or extra-constitutional measures and would give its verdict according to the Constitution and law.
Justice Javed Iqbal, heading an 11-member bench of the Supreme Court hearing the petitions challenging the eligibility of General Musharraf for the presidential election, said that nobody could dictate or make the court hostage.
"There will be no dictation from any quarter, and the court would decide the case according to the Constitution," he remarked when Chaudhry Aitzaz Ahsan, the counsel for Justice (Retd) Wajihuddin, cited newspaper reports regarding the imposition of martial law and emergency in the country.
Besides Justice Javed Iqbal, the bench includes Justice Abdul Hameed Dogar, Justice Khalilur Rehman Ramday, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice M Javed Buttar, Justice Tassadaq Hussain Jilani, Justice Raja Fayyaz Ahmed, Justice Chaudhry Aijaz Ahmed, Justice Syed Jamshed Ali and Justice Ghulam Rabbani.
At the start of the hearing, Barrister Aitzaz Ahsan rose and asked the court to abide by the schedule of the hearing given by it regarding the case and not to yield to pressure from the other side, which was changing its mind daily.
The counsel for the Federation, Wasim Sajjad, requested the court to restore its dignity and observed that if decisions were taken in the media or on roads, then there would be anarchy in the country, and it would be damaging for the dignity of the court.
Justice Khalilur Rehman Ramday remarked they had become used to listening one side talking about the martial law while the other side talked about burning the court. The learned judge''s remarks came when Aitzaz Ahsan pointed out that the government had been threatening imposition of martial law.
During the hearing, Justice Javed Iqbal asked the media to be more careful and avoid commenting on matters that were sub judice. He said that people appearing in talk shows on the electronic media should avoid commenting on legal issues if they did not know about the Constitution and must avoid talking about matters sub judice before the court.
Meanwhile, the court with the consent of both the sides announced to resume the hearing from Monday and observed that every effort would be made to conclude the case within the shortest possible time and ample opportunity would be given to both the sides to present their points of view.
Presenting his arguments before the larger bench, Attorney General Malik Qayyum submitted that the president was fully qualified to seek re-election, and the 17th Amendment had allowed him to remain in uniform till November 15 of this year and he stood qualified on the dates of filing of nomination papers and scrutiny of his candidature.
On this occasion, he read out various definitions regarding qualification and disqualification. He will conclude his arguments on Monday after which Wasim Sajjad, the counsel for the Federation, and Syed Sharifuddin Pirzada, the counsel for President Musharraf, will present their arguments. Meanwhile, the bench adjourned the hearing till Monday.
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