News
Friday, April 26, 2013
SC has not buried doctrine of necessity: Musharraf’s counsel* Court asks Irfan Qadir to inform it about federation’s view on the issue
By Hasnaat Malik
ISLAMABAD: Former military president Pervez Musharraf’s counsel on Thursday told the Supreme Court that the doctrine of necessity was still alive and had not been buried by the superior courts.
Advocate Raja Muhammad Ibrahim Satti maintained before a three-member bench, headed by Justice Jawwad S Khawaja, that he had inferred from the July 31, 2009 judgement of the 14-judge bench of the Supreme Court against the 2007 emergency that the apex court did not touch upon the doctrine upheld by the court in earlier cases against constitutional deviations.
“In the judgement the bench, while declaring the November 3, 2007 steps as unconstitutional, held that these were taken by Pervez Musharraf for personal benefits. The bench did not discuss the doctrine of necessity, an idea that helped the Supreme Court in validating earlier constitutional deviations,” argued Advocate Satti. “Do you say the doctrine of necessity is still alive,” asked Justice Khawaja. “Yes,” replied Advocate Satti.
However, the lawyer denied his categorical stand about doctrine of necessity after Justice Khilji asked whether he was saying that the Supreme Court had remained “a window open for adventurers”. Justice Khilji said the July 31, 2009 judgement stated that even parliament could not validate the unconstitutional acts and no judge of the superior courts would take oath under any provisional constitution order.
Advocate Satti further said that Musharraf was not heard by the larger bench and the then attorney general, on the instructions of the federal government, did not defend the 2007 emergency. Meanwhile, Justice Jawwad S Khawaja asked Attorney General Irfan Qadir to inform the court about federation’s view on the issue. Qadir said, “November 3 measures were unnecessary.” The case has been adjourned until May 29.
Courtesy www.dailytimes.com.pk