The court also says that the petitioner’s counsel has not referred to any case in which, after his reinstatement for the second time on March 24,2009 the then Chief Justice passed any adverse order against Musharraf. PHOTO: AFP/FILE
The detailed order of former military ruler Pervez Musharraf’s review petition of the July 31, 2009 judgment released by the Supreme Court on Thursday, maintains that the judgment under review does not stand vitiated by any bias or error in law to warrant review.
A 14-member bench of the apex court, headed by Chief Justice of Pakistan Tassaduq Hussain Jillani, also declared that, “Musharraf’s review petition has no merit; therefore, it is rejected on January 30.
“The court is seized of a review petition against a judgment wherein neither the question of petitioner’s trial nor the retrospective or prospective effect of Article 6 were moot points. The argument qua this is therefore misplaced and is accordingly repelled,” it observed.
Defending its July 31, 2009 ruling, the chief justice in his 45 pages judgment says that the July 31, 2009 judgment has narrated with a measure of dismay the frequent constitutional deviations in the country.
“The spirit which underpins the judgment is a strong realisation that we should not remain trapped by mistakes in history and turn a new leaf towards constitutionalism and the rule of law.”
The court also says that the petitioner’s counsel has not referred to any case in which, after his reinstatement for the second time on March 24,2009 the then Chief Justice passed any adverse order against Musharraf.
Meanwhile, in an additional note, Justice Jawwad S Khawaja said the Quaid-e-Azam would have been severely disappointed with the long list of constitutional deviations that this country has been subject to.
“Perhaps, with the sounding of the death knell [in the judgment under review] for the concept of constitutional deviations and martial law, we have now started on the path to becoming the nation founded on constitutionalism that our founder envisioned.”
He also says that the attitude of the petitioner in levelling allegations of bias against the former Chief Justice could become more comprehensible if looked at in the context of the petitioner’s career leading up to his appointment as the Chief of Army Staff.
“We can only try to understand the motivation behind such allegations of bias. The inference, if any, to be drawn is not in relation to the court or the alleged bias of its former chief justice, it is to be drawn in relation to the petitioner himself. It appears that the petitioner, perhaps on account of his long service in the armed forces, may not have encountered dissent, disagreement or resistance to orders issued in a chain of command, necessary for a cohesive fighting force. He may, therefore, in his own mind, have considered the resistance to his unconstitutional proclamation of emergency, by the judiciary of the country including the former chief justice, as a manifestation of disobedience or insubordination and thus ill will or animus against him.”
Published in The Express Tribune, April 11th, 2014.
COMMENTS (14)
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Any sane, just minded person would say BIAS is evident and proven without a doubt.
The frequent constitutional deviations? How about the constitutionality of having a sitting Prime Minister whose corruption cases are kept in secret files of the supreme court and their verdict unannounced? If these verdicts were announced the sitting Prime Minister would be disqualified (as any corrupt official should be).
What the court has clearly said is they don't really care about the validity of the case, they want to at all costs set a precedent and make an example out of Musharraf. This verdict is only about sending a message and not about doing justice.
How disappointing the court could not find any bias. How about the fact the treason case which is the sole decision of the executive was started specifically because the former CJ said "if anyone has the courage then they should bring the case of treason against Musharraf". If that is not proof of bias then we are all willingly blind. The notion of independent judiciary is a farse.
For the present SC,the sitting of 12/13 SC judges in their own cause and giving judgement in their own favour is no bias and no error of law when even Musharraf was not present or represented/ case of imposition of emergency was not even under the review, reflect their level of propriety and sense of justice.It is useless to expect justice from them?.
when Benazir was ousted under 58(2b) decision was upheld ,when Nawaz Shareef was ousted under same article,judgement came in his favor,when Nawaz Shareef appealed after 9 years against the punishment against hijacking case ,it was heard,court gave decision in his favor with only one hearing,it was not declared time barred...what the court giving message Punjabi leaders are above law....according to law all citizen should be treated equally ...hope ET will publish my comment
@Abid Hussain:
another time in history of Pak Judiciary we witness murder of justice by apex court
The bias of the ex CJP was clearly visible to the public at large from the comments made during the hearings, The present Supreme court some how did not see it. Like it did not see the TV coverage of the red mosque operation and ruled in favor of the red mosque terrorists. The so called freedom of the judiciary has damaged it the most.
It is a very well written judgement and has put an end to any future constitutional deviations .In many way Democracy has won.
It is about time the SC and society reject all acts of treason. Most of the laws are made and implemented for present and future not for the past. Those who try to confuse Mush's trial with the past are only muddying waters, It is like a murderer telling the court and the country why should I be held responsible when so many murders are still unsolved! The action against Gen Zia is already taken and via 18th amendment his name is deleted from Pakistan's official history as a ruler. A journey to thousand miles starts with one step.
Let the justice be served. A great and logically argument judgement. Looks like the history is in making. No more dictators, and it will give our institutions an politicians to grow. The reason we see corrupt politicians based around few families is mainly because of these dictators. They have never given the room for democracy to blossom. It is a happy day for Pakistan.
One CJ protecting another CJ.
This should be REQUIRED READING for all Musharraf apologists, regardless of the color of their day clothing.