The Hindu : Musharraf case hearing on April 22

Online edition of India's National Newspaper
Wednesday, Apr 17, 2002

International

International

Musharraf case hearing on April 22

By B. Muralidhar Reddy

ISLAMABAD APRIL 16. The Supreme Court in Pakistan would start hearing a number of petitions on April 22 questioning the validity of the Pakistan President, Pervez Musharraf, assuming office and his decision last week to hold a referendum to continue in office for a further period of five years.

The Chief Justice on Monday constituted a nine-member Special Bench to hear the petitions. The court was to have started hearing the petitions tomorrow, but it has been put off till Monday, as one of the judges is not available. The proceedings and the verdict would be awaited with great interest in and outside Pakistan as the proposed referendum has evoked a strong reaction from a number of political parties and other organisations.

Gen. Musharraf has defended the referendum as constitutional and within the purview of the Pakistan Supreme Court judgment of early 2000 that validated the military takeover. Most of the political and religious parties have questioned his interpretation.

The Jamat-i-Islami chief, Qazi Hussain Ahmed, had filed a petition even before the Musharraf Government announced the referendum. He had questioned the validity of Gen. Musharraf assuming office and urged the court to restrain his Government from going in for a referendum. The petition was modified after the announcement on April 30 referendum.

Gen. Musharraf took over as President days before the Agra Summit last year when Rafiq Tarar `ceased' to be the President with the dissolution of the National and Provincial Assemblies that had elected him to the office. The Musharraf Government is believed have engaged Abdul Hafeez Pirzada, a veteran in constitutional matters, to defend his case.

In another petition in the Lahore High Court, the Rawalpindi Bench Bar Association sought a declaration that the holding of a referendum would be unconstitutional. It argued that the removal of Mr. Tarar was also violative of the statute.

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