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Malik Qayyum also dumps Musharraf
Thursday, July 30, 2009
ISLAMABAD: Pervez Musharrafs top legal adviser Malik Qayyum is of the opinion that the Supreme Court can initiate high treason proceedings against the former president.
I dont know what the apex court will do, but it can initiate high treason proceedings on its own, he told The News outside the Court Room No 1, where a 14-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the arguments of Hamid Khan throughout the day against the November 3, 2007 action of the former military dictator, who is now hiding in London.
The Supreme Court has full authority to declare the November 3 proclamation and the subsequent acts unconstitutional. At one point during the proceedings, the chief justice remarked that nothing special happened when English General Cromwell was hanged after taking him out of his grave.
Ironically, no counsel appeared before the bench on Musharrafs behalf in response to a notice issued by the court a week back. Qayyum stayed in the court room for a few minutes but did not think it fit to avail the opportunity to defend his former boss as he had no such instructions from him.
Musharraf didnt accept my advice, and rather accepted Abdul Hafeez Pirzadas counsel not to appear before the court, Malik Qayyum said. Other sources said Pirzada advised Musharraf to take the stance that the present apex court has no legal status to review his November 3 action and the subsequent orders, which are part of the Constitution, as included in its copies printed by the present government.
Legal experts believed that the arguments before the bench were meant to establish high treason charges against conspirators, who committed this crime against the Constitution and state on November 3.
Strangely, Qayyum and Hamid Khan agreed that the Supreme Court could delete 270-AAA that was made part of the Constitution to validate the November 3 and the following actions. But while Qayyum believed that 270-AAA was part of the Constitution Hamid Khan held the opposite view. Qayyum said the Supreme Court could order scrapping of 270-AAA from the Constitution.
Then, he said something that might give sleepless nights to all those who are currently enjoying high official positions. I cant say anything exactly about the National Reconciliation Ordinance (NRO) but according to the chief justices observation all the ordinances stood automatically cancelled after a lapse of four months, meaning that the NRO too has met the same fate, he said when asked whether scrapping of 270-AAA would render the NRO redundant.
Hamid Khan discussed the circumstances and background of imposition of martial laws as well as the November 3, 2007 act of Musharraf. At one stage during the hearing, Justice Sarmad Jalal Osmany asked him to tell about the abettors and those who drafted Article 270-AAA. His reply was that Attorney General Latif Khosa could provide exact names of such people. He said he knew that millions of rupees were paid to them.
At least I was not among those who drafted 270-AAA, Qayyum told this correspondent. Justice Iftikhar Chaudhry expressed disappointment on passing of a resolution by parliament in favour of November 3 acts. It reminded about one of the admissions, though highly belated, by Lt-Gen (retd) Faiz Ali Chishti, who in a TV talk show said he and his uniformed colleagues committed high treason in 1977 when they toppled Zulfikar Ali Bhuttos government and later hanged him.
There is only one punishment for this crime death, he said. But it was not awarded because the then parliament validated our unconstitutional acts. If the same parliament (that came into being in 1985 and gave immunity to Gen Ziaul Haqs unconstitutional acts) reverses its decision, I am ready to present myself as an offender of high treason.
As the chief justice remarked about previous parliaments act of approving a resolution, the attorney general swiftly stood up to say, Sir, we (Pakistan Peoples Party-PPP) were not present in the session when parliament passed this resolution.
But Hamid Khan clarified that the then opposition (minus PPP) had resigned much before passing of this resolution. He, in fact, was pointing towards the fact that before Musharrafs election as president in army uniform the opposition had resigned in protest so that presidential election could have no legal and moral basis but the PPP, following a deal with the then military dictator, had not resigned, though they had not participated in the said parliament session.
It is also worth mentioning here that after passing of this highly controversial resolution on November 20, 2007, the controversial NRO was given so-called constitutional cover through 270-AAA by the then military dictator Pervez Musharraf. At one stage, the chief justice remarked, We are hearing case against our brother judges. In no case we can support unconstitutional steps. And now the time of decision has arrived.
A clause of 270-AAA, which unconstitutionally empowered the Supreme Court to transfer any case under hearing in a high court to some other high court, also came under fire during the hearing. It is worth mentioning here that major beneficiary of this amendment was Musharrafs close friend Hamesh Khan and Haris Steel owners, who are accused in the Bank of Punjab scam.
Malik Qayyum also dumps Musharraf
Thursday, July 30, 2009
ISLAMABAD: Pervez Musharrafs top legal adviser Malik Qayyum is of the opinion that the Supreme Court can initiate high treason proceedings against the former president.
I dont know what the apex court will do, but it can initiate high treason proceedings on its own, he told The News outside the Court Room No 1, where a 14-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, heard the arguments of Hamid Khan throughout the day against the November 3, 2007 action of the former military dictator, who is now hiding in London.
The Supreme Court has full authority to declare the November 3 proclamation and the subsequent acts unconstitutional. At one point during the proceedings, the chief justice remarked that nothing special happened when English General Cromwell was hanged after taking him out of his grave.
Ironically, no counsel appeared before the bench on Musharrafs behalf in response to a notice issued by the court a week back. Qayyum stayed in the court room for a few minutes but did not think it fit to avail the opportunity to defend his former boss as he had no such instructions from him.
Musharraf didnt accept my advice, and rather accepted Abdul Hafeez Pirzadas counsel not to appear before the court, Malik Qayyum said. Other sources said Pirzada advised Musharraf to take the stance that the present apex court has no legal status to review his November 3 action and the subsequent orders, which are part of the Constitution, as included in its copies printed by the present government.
Legal experts believed that the arguments before the bench were meant to establish high treason charges against conspirators, who committed this crime against the Constitution and state on November 3.
Strangely, Qayyum and Hamid Khan agreed that the Supreme Court could delete 270-AAA that was made part of the Constitution to validate the November 3 and the following actions. But while Qayyum believed that 270-AAA was part of the Constitution Hamid Khan held the opposite view. Qayyum said the Supreme Court could order scrapping of 270-AAA from the Constitution.
Then, he said something that might give sleepless nights to all those who are currently enjoying high official positions. I cant say anything exactly about the National Reconciliation Ordinance (NRO) but according to the chief justices observation all the ordinances stood automatically cancelled after a lapse of four months, meaning that the NRO too has met the same fate, he said when asked whether scrapping of 270-AAA would render the NRO redundant.
Hamid Khan discussed the circumstances and background of imposition of martial laws as well as the November 3, 2007 act of Musharraf. At one stage during the hearing, Justice Sarmad Jalal Osmany asked him to tell about the abettors and those who drafted Article 270-AAA. His reply was that Attorney General Latif Khosa could provide exact names of such people. He said he knew that millions of rupees were paid to them.
At least I was not among those who drafted 270-AAA, Qayyum told this correspondent. Justice Iftikhar Chaudhry expressed disappointment on passing of a resolution by parliament in favour of November 3 acts. It reminded about one of the admissions, though highly belated, by Lt-Gen (retd) Faiz Ali Chishti, who in a TV talk show said he and his uniformed colleagues committed high treason in 1977 when they toppled Zulfikar Ali Bhuttos government and later hanged him.
There is only one punishment for this crime death, he said. But it was not awarded because the then parliament validated our unconstitutional acts. If the same parliament (that came into being in 1985 and gave immunity to Gen Ziaul Haqs unconstitutional acts) reverses its decision, I am ready to present myself as an offender of high treason.
As the chief justice remarked about previous parliaments act of approving a resolution, the attorney general swiftly stood up to say, Sir, we (Pakistan Peoples Party-PPP) were not present in the session when parliament passed this resolution.
But Hamid Khan clarified that the then opposition (minus PPP) had resigned much before passing of this resolution. He, in fact, was pointing towards the fact that before Musharrafs election as president in army uniform the opposition had resigned in protest so that presidential election could have no legal and moral basis but the PPP, following a deal with the then military dictator, had not resigned, though they had not participated in the said parliament session.
It is also worth mentioning here that after passing of this highly controversial resolution on November 20, 2007, the controversial NRO was given so-called constitutional cover through 270-AAA by the then military dictator Pervez Musharraf. At one stage, the chief justice remarked, We are hearing case against our brother judges. In no case we can support unconstitutional steps. And now the time of decision has arrived.
A clause of 270-AAA, which unconstitutionally empowered the Supreme Court to transfer any case under hearing in a high court to some other high court, also came under fire during the hearing. It is worth mentioning here that major beneficiary of this amendment was Musharrafs close friend Hamesh Khan and Haris Steel owners, who are accused in the Bank of Punjab scam.
Malik Qayyum also dumps Musharraf
