‘Judgement on Musharraf’s eligibility for another term by Nov 1′November 14th, 2007 - 2:55 am ICT by admin
Earlier, Justice Iqbal had said that the Supreme Court could review the judgements in the Pakistan Lawyers Forum (PLF) and Qazi Hussain Ahmed cases that validated Musharraf’s holding of two offices if the petitioners’ lawyers convinced the court to do so.
“The two judgements are not the final word and can be reviewed if we’re convinced by the counsel,” said Justice Iqbal while hearing the petitions against the acceptance of Musharraf’s nomination papers.
Aitzaz Ahsan, counsel for Justice (retired) Wajeehuddin Ahmed, said the court’s judgements in the PLF and Qazi Hussain cases were ‘per incuriam’ with the Constitution.
Per incuriam refers to a judgement, which has been decided without reference to a statutory provision, or earlier judgement, which would have been relevant, the Daily Times reported.
Justice Iqbal said that the counsel had raised such arguments for the first time and the court, if convinced, court could review its judgements in the two cases.
Aitzaz said that the SC had decided the Qazi Hussain case before the Parliament adopted the 17th Amendment, and the PLF case had been decided by merely relying on the Qazi Hussain case, when neither applied to Musharraf’s next term. (ANI)
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Tags: 17th amendment, accordance with the law, ahmed, ahsan, apex court, constitution, final word, hussain, iqbal, judgement, judgements, justice, lawyers forum, musharraf, nomination papers, nov 1, plf, specific group, statutory provision, supreme court