Musharraf asks SC to validate emergency and PCONovember 15th, 2007 - 3:34 pm ICT by admin
Islamabad, Nov 15 (ANI): Pakistans Army Chief General Pervez Musharraf in his statement submitted to the Supreme Court, has asked it to validate emergency rule and the PCO in the light of the courts verdict in the Syed Zafar Ali Shah case in 1999.
Pakistan Peoples Party (PPP) leader Tikka Iqbal Khan had filed a petition challenging emergency rule and the PCO.
The statement submitted in reply to Tikkas petition asked the court to declare that the Chief of Army Staff was competent to amend the Constitution after the proclamation of emergency as declared in the Syed Zafar Ali Shah case.
In preliminary objections, it has been stated that a petition filed under Article 184 (3) of the Constitution was not maintainable under Article 3 of the PCO, 2007.
The statement said the petition was not maintainable under Article 184 (3) of the Constitution as the fundamental rights under Articles 9,10,15,16,17,19 and 25 of the Constitution were suspended under PCO.
It also said the situation arising on November 3, 2007, was similar to one on October 12,1999, leading to the proclamation of emergency on October 14,1999 by Army Chief General Pervez Musharraf, the Daily Times reported.
The statement said that a 12-member SC bench, which included former justices Iftikhar Muhammad Chaudhry and Rana Bhagwandas, had validated emergency rule and PCO in 1999.
Advocate-on-Record Ejaz Muhammad Khan filed the statement on behalf of Musharraf.
A 10-member Supreme Court bench will resume the hearing the constitutional petitions challenging emergency rule and PCO on Thursday. (ANI)