Pakistan Supreme Court Won't be Cowed: Judge

Islamabad
Threats of martial law or an emergency would not intimidate the Pakistani Supreme Court that is hearing a clutch of petitions challenging President Pervez Musharraf's eligibility to serve a second term, says the judge heading an 11-member bench hearing the pleas.

"Statements about emergency or martial law by the cabinet ministers should not be taken seriously and no section should think it has taken the Supreme Court hostage," Javed Iqbal said Thursday when the attention of the bench was drawn to reported statements of federal ministers Sher Afgan and Sheikh Rashid Ahmed that an adverse decision by the court could result in drastic measures.

Adding fuel to the fire, Attorney General Malik Mohammad Qayyum said Musharraf would continue as army chief if he was blocked from taking oath as president for another term, The News reported Friday.

Aitzaz Ahsan, the counsel for retired judge Wajihuddin Ahmed, invited the court's attention to these statements and said that the change in government's strategy to prolong the hearing indicated that something was wrong.

Ahmed had contested against Musharraf in the Oct 6 presidential election but lost miserably. The court had permitted the election to be conducted but barred the results from being declared till it decided on the petitions against Musharraf.

The president's term expires Nov 14 and the court was expected to have delivered its verdict Friday. But arguments from both sides went on longer than expected and have still not concluded.

This apart, the bench will not be sitting next week as one of its members, Raja Fayyaz, has taken leave due to his son's wedding. The hearing will resume Nov 12, when the federal government's lawyer Waseem Sajjad and Musharraf's counsel Sharifuddin Pirzada would take one day each to complete their arguments.

Ahsan and another lawyer have also asked for the right of reply to the points raised during these arguments but the court is yet to respond to this.

Pakistan's constitution says a president can vacate office on completing his term only after his successor takes over. Thus, technically, Musharraf will remain in office even if the court judgement is delayed beyond Nov 14.

"We wished to wind up the hearing by Thursday (Nov 1) but the proceeding is lingering on due to lengthy arguments of the lawyers," Iqbal said.

Outside the courtroom, the attorney general told reporters that if the court failed to come out with a decision by Nov 14, Musharraf would continue as both president and army chief.

In case of a decision blocking Musharraf from taking oath for another term, the attorney general said, Musharraf would continue as army chief.

In case of a favourable judgement, Musharraf would doff his uniform, as promised, before taking oath.