Petition filed against Musharraf, Shaukat Aziz

ISLAMABAD - A petition has been filed in the Supreme Court against former president General (retd) Pervez Musharraf, ex-prime minister Shaukat Aziz and Sharif-ud-Din Pirzada, senior lawyer, on Saturday. Abdul Razzaq, a resident of Abbottabad, has filed the petition through Chaudhary Mohammad Aslam Ghuman, senior advocate of Supreme Court, under Article 204 of the Constitution read with section 3 and 4 of the Contempt of Court Act 1976. He has prayed that all the respondents be summoned and given exemplary punishment, for violating apex court order dated 3rd November, 2007, may be awarded to the them in the interest of justice. The petitioner said that on November 3, 2007, a seven-member bench headed by Chief Justice Iftikhar Mohammad Chaudhary passed an order on the constitutional petition titled Wajihuddin Ahmed vs Chief Election Commission. The order stated; President, prime minister are restrained from undertaking any such action which is contrary to independence of judiciary. No judge of the Supreme Court or the High Court including chief justices shall take oath under the Provisional Constitutional Order (PCO) or any extra constitutional step. Chief of Army Staff, Corps Commanders, Staff Officers and all the concerned civil and military authorities are hereby restrained from acting on PCO which has been issued to administering fresh oath to Chief Justice of Pakistan or judges of Supreme Court and chief justice or judges of the provincial High Courts. They are also restrained from undertaking any such action, which is contrary to independence of judiciary. Any further appointment of the CJP and chief justices or judges of the High Court under development shall be unlawful and without jurisdiction. Aslam Ghuman, ASC, stated that the proclamation of emergency on 3rd November, 2007, was pronounced after a meeting headed by Pervez Musharraf, ex-Chief of Army Staff, and was participated by the then prime minister Shaukat Aziz, governors of all the provinces, including Lt Gen (retd) Khalid Maqbool, Dr Ishratul Ibad, Awais Ghani and Zulfiqar Magsi, along with chairman Joint Chiefs of Staff, chief of armed forces and corps commanders. The names of army leadership as on November 3, 2007, could be obtained from the civil and army record, he said. The learned counsel said that all persons are equal before the court of law and equally responsible to obey the law and the order passed by the Supreme Court, therefore, for the dignity of apex court it is necessary to initiate against all the who have violated the Supreme Court November 3, 2007 order.

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