Judiciary has to ensure supremacy of law: SC

Supreme Court Justice Jawwad S Khawaja on Tuesday remarked the court had decided to ensure supremacy of law and constitution and “a price will have to be paid for it”.

He gave these remarks while presiding over a three-member SC bench during the course of hearing of Musharraf treason case on Tuesday.

Ahmad Raza Kasuri argued Musharraf was not made party anywhere in Sindh case and this thing was very clear.

Justice Ejaz Afzal remarked it was correct that Musharraf was not made party in these petitions, but notice was issued to him which could not reach him.

Kasuri argued if Musharraf was punished for subverting the constitution, then all judges, military officers and politicians should be punished for providing an opportunity to Musharraf to take over power.

Justice Khilji remarked, “You are saying the matters have become clear with the abolition of 17th Amendment and all will have to be given punishment.”

Kasuri said, “I want to read the names of judges.”

Justice Jawwad remarked, “Names of all parliamentarians also come therein. Will this matter go up to patwaris. We are not going to make any political decision. We will have to draw a line up to what extent we will have to initiate proceeding. I am ready too. The federation can initiate proceedings if it wants to do so. Cut of line will have to be drawn up.”

Kasuri said the lines should include on the civil side, secretary and additional secretary and on the army side those personnel who were involved therein.

Justice Jawwad remarked, “We have to author decision why should we leave other people out. Those who had abrogated the constitution twice will become guilty. Proceedings will be initiated against 10,000 people.”

Kasuri said Bhutto lost half of the country. “Action will have to be initiated against him as well. Senators who cast vote in favour of Musharraf and now are in parliament will have to be proceeded against. The federal cabinet which approved the orders and services chiefs will also stand included therein.”

Justice Khilji said, “We will see who did what after the martial law. Whosoever assisted the act of subverting the constitution will have to be put to trial.”

Kasuri said proceedings would have to be initiated against Arshad Hassan Khan, Afrasyab, Bashir Jahangir, Ejaz Shah, Abdul Rehman Khan, Sheikh Riaz, Chaudhry Arif, Munir A Sheikh, Rashid Latif Khan, Nazim Hussain Siddiqui, Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Bhagwan Das, Mian Ajmal, Deedar Hussain Shah, Javed Iqbal, Abdul Hamid Dogar, Tanvir Ahmad Khan, Taqi Usmani for taking oath under PCO.

Justice Jawwad remarked, “We will not allow judges to be maligned. The whole world should come to know who got money. This all should come to light. Musharraf had a role in abrogating the constitution. It is known to every one. Political speeches will not be allowed to be delivered.”

Kasuri insisting that a full court minus the CJP should be constituted.

Justice Jawwad said they had sent a request to the CJP and a three-member bench was constituted after it.

The hearing of the case was adjourned until Wednesday.

Meanwhile, the Islamabad High Court was assured that action would be taken against Islamabad IGP Bin Yamin in the Musharraf escape case.

During today’s proceedings, Interior Secretary Javed Iqbal appeared before the court and said the IGP was an officer of Grade 21 and according to Civil Services Act, only the prime minister could take action against him.

Justice Shaukat Aziz Siddiqui remarked that the ICT police fell under the Ministry of Interior, adding that action should have been taken against those who facilitated Musharraf in escape.