The Supreme Court on Monday dismissed five main petitions, which had blocked President Musharraf's oath taking as 'civilian' President. There now remains only one petition, of a civil servant, and that would be heard on Thursday.
The newly constituted 10-member bench, headed by Chief Justice Abdul Hameed Dogar, resumed hearing of these petitions, which remained adjourned after promulgation of Provisional Constitution Order. Wajihuddin Ahmad, Amin Fahim, Liaquat Baloch, Pakistan Lawyers Forum, and Dr Anwarul Haque had challenged Musharraf's candidacy in uniform.
Wahih's Advocate on Record SM Khattak filed an application on behalf of the petitioner that he did not accept the new bench, that had taken oath under the PCO, as a valid court; therefore, he did not want to pursue his petition.
Justice Nawaz Abbasi warned AOR Khattak that he faced contempt charges and cancellation of his licence if he persisted in challenging the legality of the bench.
However, Khattak reiterated that he had no instructions from Wajihuddin to pursue the petition. The court dismissed Wajih's petition. Amin's counsel Shafqat Abbasi also filed a similar application, questioning legality of the bench, after promulgation PCO.
However, Chief Justice Abdul Hameed Dogar warned that the application was tantamount to contempt of the court and that might affect Fahim's candidacy in next general elections. On this Shafqat withdrew Fahim's application and the main petition against President Musharraf's re-election bid.
The court also dismissed petitions filed by Jamaat-e-Islami, Lawyers Forum and that of Dr Anwarul Haque for not being pursued. It may added that Musharraf has assured the court that he would relinquish the charge of Chief of Army Staff when the Supreme Court would allow Election Commission to issue notification of his election as President.
Other members of the bench are Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Javed Buttar, Justice Ejazul Hassan, Justice Mohammad Qaim Jan Khan, Justice Mohammad Moosa K Leghari Justice Chaudhry Mohammad Yusuf, Justice Zia Pervez and Justice Akhtar Shabbir.
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