PML files petition against SC verdict on coup

By B. Muralidhar Reddy

ISLAMABAD, JULY 16. The Pakistan Muslim League (PML), led by the ousted Prime Minister, Mr. Nawaz Sharif, has filed a review petition in the Supreme Court against its judgment validating the military takeover last year. Ironically, even as the PML was moving its petition, the National Accountability Bureau (NAB) came out with yet another case of corruption against the former premier.

The petition by the PML seeking review of the May 12 judgment is seen as a desperate attempt to overcome the problems from within and without. The petition has argued that the doctrine of necessity invoked by the Supreme Court for justifying the military takeover would have far-reaching implications for democracy and constitutional dispensation. Urging the court to direct Gen. Musharraf to immediately hold fresh elections, the petition said, ``The period of three years granted to the Chief Executive for return to constitutional and democratic governance should be curtailed as it is based on a serious misconception and fundamental error.''

The PML said the verdict was contradictory as on the one hand it had declared the Constitution as the supreme law of the land and on the other, justified suspension of the same Constitution on the doctrine of necessity. ``Either the Constitution can be supreme or law of necessity. By holding that the Constitution can be validly suspended on grounds of State necessity, the court has, in fact, relegated it to a position inferior to the law of necessity.''

The petition said there was no case for military intervention as all institutions were functioning in accordance with the scheme of the Constitution and Parliament had been summoned for a regular session a few days before the coup.

Case against Sharif

The latest case, in which the parents of Mr. Sharif are also named, revolves around the construction of a two-storey building by Mr. Sharif in Raiwind at an estimated cost of Rs. 247 million.

The charge is that the amount spent on the palatial building, with a basement area of 36,000 sq. ft., is not reflected in the tax returns of the family.

Mr. Sharif is already in trouble after being convicted on charges of ``plane hijack and terrorism''. Possession of an unaccounted helicopter and default of bank loans are the other cases in which he has been accused.

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Section  : International
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