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This is an archive article published on November 5, 2007

Petitions against Musharraf be decided on ‘merit’

The Musharraf regime has sent a subtle signal to the newly appointed Supreme Court judges, suggesting that petitions against the President be decided by them on 'merit'.

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After sacking Chief Justice Iftikhar M. Chaudhry, the Musharraf regime has sent a subtle signal to the newly appointed Supreme Court judges, suggesting that petitions against the President be decided by them on “merit”.

“(Newly appointed Chief Justice) Abdul Hameed Dogar is an independent judge and the President’s nomination case would now be decided on merit,” the Dawn reported on Monday, quoting Pakistan’s Attorney General Malik Mohammad Qayyum as saying.

Chaudhry, who was removed unceremoniously by Musharraf on Saturday for the second time in eight months, along with seven of his colleagues for refusing to take oath under the Provisional Constitutional Order, has described the General’s post-emergency set-up as “illegal and unconstitutional”.

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However, justifying the sacking of the judges, who were hearing petitions challenging Musharraf’s re-election as President for another term, Qayyum said, “members of the bench were virtually ridiculing the General and the Army”.

Besides the counsel for the petitioners had also crossed the limit of decency in their arguments, he alleged.

However, without elaborating, the daily said in its report that the number of Supreme Court judges would soon be reduced to 13, 12 or even 10 from the existing strength of 19.

“The number is too big,” the chief government lawyer said.

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Qayyum also brushed aside the impression that there was going to be a complete military takeover or that military courts would be set up, saying that “civilian rule” would continue to prevail.

The lawyer also hoped that the emergency would not last long and likely to be lifted in a month or two. But, he said, it all depended on the improvement in the situation, including law and order.

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