|
29th June, 2008
The Honorable & Respected Mr. Iftikhar Ahmad Chaudhary,
Chief Justice,
Supreme Court of Pakistan,
Justice Colony,
Islamabad, Pakistan
Subject: Request for hearing petition # 84-2007 at home
Dear Chief Justice Iftikhar Ahmad Chaudhary: Assalamo Alaikum
I pray to Allah to grant you long life, health and His utmost protection to serve this nation. As you know that my petition (# 84-2007) against Mr. Pervaiz Musharraf was being heard in the Supreme Court of Pakistan when the Worthy and Esteemed Institution of Supreme Court was physically attacked and 60 Honorable Judges were arrested and stopped from functioning thus causing the worst ever contempt of court and massacre of justice in the history of mankind through naked and blatant state terrorism. The sole motive of the attack on the Supreme Court was to stop an expected verdict against the unconstitutional and illegal acts of Pervaiz Musharraf. As Mr. Pervaiz Musharraf with support of internal and external anti state elements brought about a coup d'état against the Supreme Court, I refused to be part of the illegal and unconstitutional moves of Mr. Pervaiz Musharraf and consequently chose not to appear in a court which was created by Mr. Pervaiz Musharraf to serve him rather than the justice. I sent a courier letter soon after this attack to this effect to the Registrar Supreme Court of Pakistan, which is attached in my file in the Supreme Court of Pakistan. I have full intention to follow my case in November 2, 2007 Supreme Court and hence I request you the following:
1. As being the legitimate Chief Justice of Pakistan, your honor, you may hear my case at your residence as the Chief Justice can summon the court at any place even under a tree (Ref: Famous Fiji Island case where the Chief Justice held a court)
2. Kindly issue a notice to the illegal and voted out so called President to appear in person to the Supreme Court hearing at your house. (I request you to obtain the videos of National Assembly and all four Provincial Assemblies where overwhelming majority of the members through voice vote of "Go Musharraf, go Musharraf" casted a vote of no confidence in him.
3. As my plea clearly asks for nullifying the last so-called Presidential Elections which do not fulfill even the very basic definition of the word "Elections" (Ref: Encyclopedia Britannica and WIKIPEDIA as Elections constitute holding accountability of the servants by the masters i.e. people after a specified time period i.e. five years in our case. In the last so-called Presidential Elections 160 million of people of Pakistan were totally bypassed and deprived to hold Mr. Musharraf accountable for his past five year performance ), so please order Election Commission of Pakistan to hold Presidential Election through newly elected assemblies with fresh mandate of people as it elected Prime Minister Yousuf Raza Gillani.
4. As lot of illegal changes had happened since I filed the petitions, please allow me to alter my petition to make it updated and commensurate with circumstances. I would specifically ask for appropriate penalty for Mr. Pervaiz Musharraf, for committing High Treason (Article VI of the constitution) and for his November 3, 2007 acts with their consequences.
As the time is running fast and illicit and unconstitutional acts are causing sever damage to Pakistan and its people, I humbly request you to kindly hear my petition at the earliest at the Supreme Court proceedings at your residence or any other place of you desire.
With Most Cordial Regards,
Prof. (Dr.) Anwar Ul Haque
Consultant Pathologist,
116. St. 49 F 11/3 Islamabad 44000
Phone: 03335129849, 2293707, 2294099
Enclosure: Copy of my petition
IN THE SUPREME COURT OF PAKISTAN
CONSTITUTION AVNEUE, ISLAMABAD
(ORIGINAL JURISDICTION)
Constitution Petition 84 of 2007
(Modified in the light of Registrar's Comments on 26th September, 2007)
Prof. Dr. Anwar Ul Haque
R / O House # 116, Street # 49, F 11 / 3 Islamabad (phone: 03335129849 & 2294099)
Petitioner
Versus
1) Federation of Pakistan through Ministry of Law and Parliamentary Affair
2) Chief Election Commissioner of Pakistan
(Secretariat Election House Constitution Avenue, G- 5 Islamabad)
Respondents
INDEX
|
S # |
Description of Document |
Date |
Page # |
|
1. |
Concise Statement |
September 26th 2007 |
2-3 |
|
2. |
Modified Constitution Petition |
September 26th , 2007 |
4-5 |
|
3 |
Credential of the Petitioner |
September 26th 2007 |
6-7 |
|
4 |
Affidavit of Service |
September 26th 2007 |
8 |
|
5 |
Notices |
September 26th 2007 |
9 |
Certified that the paper book as bound is complete and correct.
Prof. (Dr.) Anwar Ul Haque
116. St. 49 F 11/3 Islamabad 44000
In Person
September 26, 2007
IN THE SUPREME COURT OF PAKISTAN
CONSTITUTION AVNEUE, ISLAMABAD
(ORIGINAL JURISDICTION)
Constitution Petition 84/ 2007
Federation of Pakistan through Ministry of Law and Parliamentary Affair
Chief Election Commissioner of Pakistan ( Election House Constitution Avenue , G "“ V, Islamabad )
Prof. Dr. Anwar Ul Haque R / O House # 116, Street # 49, F 11 / 3 Islamabad
- Petitioner
Versus
1) Federation of Pakistan through Ministry of Law and Parliamentary Affairs
2) Chief Election Commissioner of Pakistan ( Election House Constitution Avenue , Islamabad )
- Respondents
PETITION UNDER ARTICLE 184 (3) OF CONSITUION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973
CONCISE STATEMENT
1. Subject Matter in Law Constitution "“ Fundamental Rights
2. Which side had filed the petition The Petitioner who is a citizen of Pakistan and Internationally recognized medical doctor (Consultant Pathologist/ Scientist)
|
Points noted
For the kind consideration of this august court |
1. The petition points out to a grave, fraudulent, sham and charade Presidential Elections which do not qualify for even the word Election. It deprives people's inherent right to evaluate previous 5 years performance of the President and then to vote for or against him in 2007. As the constitution clearly says that matters of the state will be run through chosen people and after attaining mandate then only President can start new term. If vast majority of Pakistanis do not approve his past 5 years performance they have no way to reject him as he is determined to get "mandate" from assemblies of 2002! The people in any democratic country judge the performance of the incumbent Government and then re-elect or reject it based on its performance. Accountability of the leaders is the crux of election without which no process can be termed "Elections". Gen. Pervaiz Musharraf is trying in collaboration with Election Commission of Pakistan to deprive 16 crore Pakistanis of their right to choose New President under fresh mandate. Many people have died since 2002 and many have become eligible to vote. The Election Commission's schedule of holding Presidential Elections before National and Provincial Assemblies is very malicious and dangerous. In that case new Presidential Elections will not represent the Fresh mandate of people and hence would amounts to No Election at all. I therefore request Supreme Court to intervene to safeguard the right of 16 crore people of freshly choosing new President, albeit indirectly and instruct the Election Commission to hold Presidential Elections after successful completion of Elections of National and Provincial Assemblies. The Honorable Supreme Court is humbly and kindly requested to order a stay in holding of Presidential Elections before holding of elections of National and Provincial Assemblies. Only after new assemblies in place with fresh mandate of people, Presidential Elections can be held. There is ample time to do so as Presidential Elections can be held till 15th December 2007 .
|
IN THE SUPREME COURT OF PAKISTAN
CONSTITUTION AVNEUE, ISLAMABAD
(ORIGINAL JURISDICTION)
Constitution Petition 84/ 2007
Prof. Dr. Anwar Ul Haque R / O House # 116, Street # 49, F 11 / 3 Islamabad
Versus
- General Musharraf, President Secretariat, Islamabad
- Chief Election Commissioner Secretariat, Election House, Constitutional Avenue G "“ 5, Islamabad
PETITION UNDER ARTICLE 184 (3) OF CONSITUION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973
Respectfully Submitted;
That the following important and most fundamental questions regarding a valid and fresh elections as stipulated in the Constitution of Pakistan require immediate and urgent address by the Honorable Supreme Court before it is too late and before it causes irreparable damage to Pakistan and its people
a. People freshly and directly elect assemblies and indirectly freshly elect new President through newly elected assemblies representing the fresh and the most current mandate of people for next five years. This happens in all democratic countries with parliamentary system of Government e.g. India and Turkey etc.
b. The Fresh elections of assemblies and President must represent fresh and current mandate of people in view of their previous five years experience of the performance of the incumbent Government. Whether direct or indirect the elections must reflect the fresh mandate of people.
c. To do otherwise would be depriving people from their basic right of accountability and evaluation based election. No amendments and no tricky interpretation of law and constitution can deprive people of their right of fresh election. No jugglery with constitution and law should be tolerated.
d. The incumbent assemblies and President are not authorized to infringe upon the rights and privileges of new assemblies to elect new President for next five years nor are they permitted to steel the right of the people to bring about change in Presidency through their freshly elected representatives in the assemblies.
e. The Election Commission has announced that Presidential Elections will be held on 6th October, 2007. This means that the Presidential Elections will be held before the elections of assemblies thus snatching away the right of 16 crore people to reflect their new verdict in regard to Election of New President.
f. Holding of Presidential Elections prior to Elections of Provincial Assemblies and National Assembly which are about to expire would amount to get elected from an assembly whose current popularity and approval among people of Pakistan had not been tested and hence can not be empowered to elect the President for next five years. This would mean an old repeat election of 2002 and will definitely deprive people from their current right of vote to bring President of their choice for next tenure beginning end of 2007 through 2012.
g. Many people have died and many others have become eligible to vote. While many might have changed their approval or disapprove of the Government over last five years. And this must all be reflected in the new Election from the President.
h. Suppose if vast majority of Pakistanis are not satisfied with the performance of President in the last terms, how they will remove him. This holding accountable of their leaders is essential part of election otherwise the process can't be called even elections. (Encyclopedia Britannica 15th Edition, pages 529-530)
i. I have serious objection over holding of Presidential Election prior to the election of fresh Electoral College as it amounts to no fresh Presidential Elections at all. As President is not a ceremonial post in Pakistan numerous serious actions will be taken by the President who would not be truly representative of Pakistan and these decisions therefore may not reflect peoples aspirations as Constitution demands.
Under the circumstances, it is therefore very humbly and respectfully prayed that the Honorable Supreme Court may kindly order the Election Commission of Pakistan to;
1) Halt the Election process of so called Presidential Election
2) Hold the Elections of National and Provincial Assemblies prior to Presidential Elections
3) Hold fresh Presidential Elections from freshly elected assemblies with fresh and new mandate of people of Pakistan.
CERTIFICATE:
It is certified that this is original petition with no other similar petitions filed by me on this subject.
Prof. (Dr.) Anwar Ul Haque
Consultant Pathologist
|