ISLAMABAD: A 14-member bench of the Supreme Court resumed hearing of the review petition of the former president Pervez Musharraf against the apex court verdict issued in PCO judges case on July 31st, ARY News reported on Tuesday.
The larger bench headed by Chief Justice Tassaduq Hussain Jillani, comprises of 14 judges.
Ibrahim Satti, the counsel of Pervez Musharraf in his arguments said that in the July 31st verdict, November 03 proclamation of emergency was declared as unconstitutional but the decision not said that the step was equal to breach of the constitution.
The July 31st verdict was declared to be void in Iqbal Tikka case decision, the counsel argued. The bench questioned whether the Article 6 to be declared as unconstitutional and ineffective. "If any person takes steps today similar to November 03 whether it will not be violation of the constitution?", the bench questioned the counsel. The counsel said that the November 03 step was given protection in Tikka Iqbal Case. Justice Saqib said the court's decision in this case has already been declared void.
The counsel said that the emergency of November 03 was proclaimed due to the situation similar to the one in October 12, 1998. However, all institutions except the judiciary were functioning as per routine.
"Whether the emergency was declared only for the judiciary," the bench asked. "Unfortunately it is true," Musharraf's counsel said.
The former president's lawyer said that his client was not given the right to present his stance in the court. " Whether he was unaware about the case, asked Justice Jawwad. "He knew but was not in position to appear before the court," Musharraf's counsel said.