Thursday, November 19, 2009

Musharraf Case

Present to: Abdul Hameed Dogar, HCJ, Saiyed Saeed Ashhad, Ijaz-ul-Hassan, Muhammad Qaim Jan Khan, Muhammad Moosa K. Leghari, Ch. Ejaz Yousaf, Muhammad Akhtar Shab
TIKA IQBAL MUHAMMAD KHAN VersusGENERAL PERVEZ MUSHARRAF, CHIEF OF ARMY STAFF, ARMY HOUSE RAWALPINDI and 3 others
----Art. 188--Provisional Constitution Order, (1 of 2007)--Constitution (Amendment) Order, 2007--Constitution (Second Amendment) Order, 2008--Oath of Office (Judges) Order, 2007--Review of judgment--Extra-constitutional steps of the Chief of Army Staff of 3rd November, 2007--Supreme Court while declaring the extra constitutional steps of the Chief Army Staff of 3rd Nov. 2007 as valid in the judgment reported as PLJ 2009 SC 446 minutely examined the prevailing conditions involved in the case and agitated by the counsel for the parties--It had been held that extra constitutional measures were taken in the largest interest of the State necessity and for welfare of the people--Consequently all the President's Orders, Ordinances, Orders of the COAS including the Oath of Office (Judges) Order 2007, amendments in the Constitutionmade and all other laws, Orders made, proceedings taken after 3rd Nov. 2007, have been validly made and shall continue in force subject to their repeal or alteration, as contemplated by Art. 270AAA of Constitution--All such acts and legislative measures have been taken or done in the interest of State necessity to advance and promote the good of the people--No exception can be taken to the conclusions arrived at the findings recorded and directions given in the short order and the detailed judgment--Petitioner cannot be allowed to re-agitate the same points having already been deatt with and determined by Supreme Court--No case of review made out--Petition dismissed.
Judgement Result: Petition dismissed.

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