Pak Attorney General says Parliament can approve Musharraf’s trial(Update-Sardar Latif Khan Khosa)

By ANI
Monday, August 3, 2009

ISLAMABAD - Pakistan’s Attorney General Pakistan Sardar Latif Khan Khosa on Monday said that Parliament could approve the trial of former president Pervez Musharraf by passing a simple majority resolution against his November 3, 2007 acts.

Talking to reporters here after the oath-taking ceremony of Justice Anwar Zaheer Jamali, Khosa said that if a resolution for conducting the trial of Musharraf was moved in Parliament, the federal government would be bound to act as Parliament was the country’s supreme law making body.

Replying to a question regarding the fate of two judges of the Supreme Court who also took oath under the Provisional Constitution Order (PCO), Latif Khosa said the cases of Justice Faqir Mohammad Khokhar and Justice Javed Buttar would be sent to Supreme Judicial Council (SJC).

He said the Supreme Judicial Council could hear matters of these judges under Article 209 of the Constitution. However, he added that if any judge tenders resignation during the proceedings, reference against him could not be heard as the SJC takes action only against sitting judges.

“A judge retains his position till the verdict of the SJC,” Khosa said.

About the ordinances promulgated after November 3, 2007, the AG said the law committee of the Parliament would thoroughly look into the matter and would decide which ordinances are in public interest.

A total of 37 ordinances had been promulgated between November 3, and December 15, 2007, which had been referred to the Parliament.

On Sunday, Prime Minister Yousuf Raza Gilani had said that the final decision regarding Musharraf’s fate would be taken by Parliament.

Commenting on the Supreme Court’s verdict that declared Musharraf’s November 3, 2007 actions as ‘extra-judicial and unconstitutional’, Gilani said Parliament is the appropriate forum to take decisions of national interest.

“They (Supreme Court) have given their verdict. I have been saying from day one that parliament is the forum which has to take these decisions. Let parliament decide,” Gilani said.

When enquired about his own view on the verdict, Gilani said he did not hold a personal opinion on the issue.

“My party will have an opinion and the party will never support a dictator,” The Daily Times quoted Gilani, as saying.

Replying to a question, he said in the presence of a free media, strong political forces and an ‘active judiciary’, people’s expectation has grown, and that the Parliament has to act very maturely on the issue. (ANI)
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Aurangzeb Akbar
August 4, 2009: 2:12 am

The decision of Supreme Court dated 31st of July 2009 as projected by media is the biggest Fraud in Judicial History of Pakistan when it says that PCO judges have been sent home. PCO Judges are still working and non PCO judges have been sacked, packed and sent home. The beneficiaries of the recent judgment are Chief Justice Iftikhar Chaudhry, Mr. Justice Javed Iqbal, Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Khalil-ur-Rehman Ramday Mr. Justice Mian Shakirullah Jan, Mr. Justice Tassaduq Hussain Jillani etc. All these judges violated the constitutional oath and took fresh oath under the PCO of General Musharaf after Pakistan army ousted Nawaz Sharif in October of 1999.
The other set of PCO judges are Justice Faqir Muhammad Khokhar and Justice Javed Buttar etc. including other judges in High Courts who took oath under the PCO on 3rd of November 1999. All of them are judges even today and are still continuing.
Interestingly the judges who have been sent home had never taken oath under any PCO. Most of these Judges were not even appointed in General Musharaf’s period. Infact they were appointed after the restoration of democracy in the country. The name of these judges who took oath under the constitution are as under:-
1) Mr. Justice Pervez Ali Chawla
1) Mr. Justice Habib Ullah Shakir
2) Mr. Justice Nazir Ahmed Ghazi
3) Mr. Justice Abdul Sattar Goraya
4) Mr. Justice Syed Ihtasham Qadir Shah
5) Justice Ms. Jamila Jahanoor Aslam
6) Mr. Justice Mahmood Akhtar Khan
7) Mr. Justice Jamshed Rahmat Ullah
Mr. Justice Pervez Inayat Malik
9) Mr. Justice Arshad Mahmood
10) Mr. Justice Irfan Qadir
11) Mr. Justice Syed Zulfiqar Ali Bukhari
12) Mr. Justice Ch. Naeem Masood
13) Mr. Justice Anwar-ul-Haq Pannu
14) Mr. Justice Muhammad Shafqat Khan Abbasi
15) Mr. Justice Imtiaz Rasheed Siddiqui
16) Mr. Justice Bin Yamin
17) Mr. Justice Khalid Ali Z. Qazi
18) Mr. Justice Salman Ansari
19) Mr. Justice Abdul Rehman Farooq Pirzada
20) Mr. Justice Abdul Rasheed Klwar
21) Mr. Justice Zafar Ahmed Khan Sherwani
22) Mr. Justice Syed Mehmood Alam Rizvi
23) Justice Ms. Soofia Latif
24) Mr. Justice Maqbool Ahmed Awan
25) Mr. Justice Safdar Ahi Bhutto
26) Mr. Justice Moharram G. Baloch
27) Mr. Justice Malik Muhammad Aqil
28) Mr. Justice Syed Shafaqat Ali Shah Masoomi
29) Mr. Justice Muhammad Iqbal Mahar
30) Mr. Justice Khadim Hussain M. Sheikh
31) Mr. Justice Muhammad Ismail Bhutto
32) Mr. Justice Arshad Siraj Memon
33) Mr. Justice Aamir Raza Naqvi
34) Mr. Justice Muhammad Karim Khan Agha
35) Mr. Justice Salman Talibuddin
36) Mr. Justice Shaji Rehman Khan
37) Mr. Justice Ghulam Mohayuddin Malik
38) Mr. Justice Ziauddin Khattak
39) Mr. Justice Syed Mussaddiq Hussain Gilani
40) Mr. Justice Syed Yahya Zahid Gilani
41) Mr. Justice Muhammad Alam Khan
The aforesaid 42 judges have never ever taken oath under the PCO. They have been ousted. The nation is celebrating and all the PCO judges are still continuing as judges.
In short the fight between post November 3 PCO judges and post October 12 PCO judges has resulted in ouster of judges who took oath only under the Constitution of Pakistan and never ever under the PCO. The media, PML[N], the lawyers and other political forces are mixed up and are rejoicing the ouster of constitutionally appointed judges and PPP seems ignorant of this fact. Such things can only happen in Pakistan.
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