Case Details

Citation(s)
2013 SLG 591 2013 SLD 591 2013 PLD 105
Peshawar High Court
Writ Petitions Nos. 1129-P, 1133-P, 1130-P, 1131-P and1132-P of 2013, decided on 30th April, 2013
DOST MUHAMMAD KHAN, C.J., MALIK MANZOOR HUSSAIN, SYED AFSAR SHAH AND IKRAMULLAH KHAN, JJ
Ahmad Raza Qasori and Muhammad Saad Shibli for Petitioners

Syed PERVEZ MUSHARAFvsAPPELLATE TRIBUNAL FOR GENERAL ELECTION 2013 AND 3 OTHERS

Law: Constitution of Pakistan, 1973

Section: 6,62(1)(f),199,6(2)

Law: High Treason (Punishment) Act, 1973

Section: 2

Law: Representation of the People Act, 1976

Section: 14

(a) Constitution of Pakistan--- ----Arts. 6, 62(1)(f) & 199---Representation of the People Act (LXXXV of 1976), S. 14---High Treason (Punishment) Act (LXVIII of 1973), S.2---Constitutional petition---Rejection of nomination papers---Disqualification for membership of Parliament (Majlis-e-Shoora) for life---Scope---Unconstitutional actions---Subversion of the Constitution---Violation of human rights---Imposing of Martial law---Conducting of controlled and pre-planned elections---Illegal confinement of Judges of the superior judiciary and their families---Unconstitutional appointment of Judges of superior judiciary---Blocking of electronic and print media---Nomination papers of candidate in question, who was a former President of Pakistan and also Chief of Army Staff, were accepted by the Returning Officer---Election Tribunal set aside order of Retuning Officer and rejected nomination papers of candidate on the basis that he imposed an Emergency in the country and also dismissed the entire superior judiciary through unconstitutional means---Plea of candidate that all his alleged unconstitutional measures had been validated by the Supreme Court followed by a further validation from the Parliament in the year 2002 through the 17th Amendment in the Constitution, therefore he could not be held to be a usurper---Validity---Candidate had toppled a duly elected government in a coup d'état and imposed an Emergency throughout the country, which was almost a Martial Law---All the elected institutions like Parliament, Provincial Assemblies, Federal Government and Provincial Governments (Cabinets) were dismissed, and the duly elected President was shown the door of exit---Candidate in question in a very controlled and pre-planned manner, held elections to the Parliament and Provincial Assemblies in the year 2002 and installed the Governments of his choice---Out of fear that he might be tried for high treason offence, candidate got validation for his unconstitutional actions through the 17th Amendment in the Constitution before allowing the newly elected government to start functioning---Candidate gave an undertaking to the Parliament (at that time) that he would put off…
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