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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Haque
Full Name: Anwar Ul Haque
User since: 28/Mar/2007
No Of voices: 233
 
 Views: 1543   
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As the 7 member larger bench of the Honorable Supreme Court had already decided that the Emergency Rule can not be imposed and no civilian or military personnel should facilitate such anti constitution move the imposition of the Emergency in Pakistan has no meaning whatsoever and by the same token sacking of Honorable Judges holds no water. To people
those judges will remain legitimate judges and they can hold court hearings and give binding decisions under a tree or at home and people will obey. As declared by the real Supreme Court the imposition of Emergency is Illegal and Unconstitutional: All those who took oath are also illegal. The Real Supreme Court is still Intact and will decide the
matters and people will obey those orders and not of the fake court created by fake President and fake Military Chief.


*Dr. Anwar Ul Haque*

*116. **St.** 49 *

*F 11/3 **Islamabad** 44000*

*Phone 03335129849 *

Please see the full News from the News



By Rauf Klasra

ISLAMABAD: The absence of politicians, members of the civil society and
lawyers from the Supreme Court building on the eventful Saturday
evening, had absolutely no impact on the seven defiant judges of the Supreme Court who, despite being under siege, showed character when they decided to go down fighting.

Complete blackout of private TV channels helped to keep the
lawyers, and the rest of the forces away from the SC building where the besieged judges of the Supreme Court were desperately trying to block the government's move to impose emergency.



These judges instead held a court in the evening and passed an order to declare the imposition of emergency as illegal and unconstitutional. The reports that four fellow judges, Justice Hamid Dogar, Faqir Khokhar, Nawaz Abbasi and Javed Buttar had taken the oath in the Presidency under the PCO had absolutely no impact on the nerves and determination of the
seven defiant ones who went ahead with their decision to confront Musharraf.

It was obvious that despite the heightening tension and prevailing uncertainty outside the SC building, these bold judges did not show any sign of nervousness once they came to know that emergency had been clamped down and they were about to be sacked.

They immediately took up the emergency proclamation and struck down the order of General Musharraf. They also successfully managed to send the copies of their orders to the media, so that everybody knew what they had done to stop Musharraf from imposing the emergency.

These bold judges did not wait for the political and moral support of the political parties, the lawyers or the civil groups to come out on roads to extend support to them. They simply acted in line with their conscience and, in a bid to stop Musharraf from executing his plans to impose new laws to survive in power, simply passed an order.

Earlier, as the startling reports about the imposition of emergency in the country started pouring in, every journalist, including the foreign media persons, instantly rushed to the building of the SC where the CJ and the rest of the seven judges were said to be sitting within the building.



"This application was filed in Court on 2nd November 2007 praying that respondent-Government may change composition of Bench by adopting extra Constitutional measures, which could mean either by placing Martial Law or bringing PCO or by imposing emergency.

2. Application could not be taken up as it was not numbered. However, now it has been marked to Bench. In the meantime, in electronic and print media news appeared that PCO has been promulgated to enable Government to administer fresh oath to the Chief Justice as well as Judges of the Supreme Court so that favourable Judges could be appointed. Be that as it may, we feel that Government has no ground/reason to take extra Constitutional steps, particularly for the reasons being published in the newspapers that high profile case is pending and is not likely to be decided in favour of the Government, although matter is still pending. Therefore, a special Bench has been
constituted and on considering pressing situation and news which have published in newspapers, we direct as follows:-

1) Government of Pakistan e.i. President and Prime Minister of Pakistan are restraint from undertaking any such action, which is contrary to Independence of Judiciary.

2) No judge of the Supreme Court or the High Courts including Chief Justice(s) shall take oath under PCO or any other extra Constitutional step.

3) Chief of Army Staff, Corps. Commanders, Staff Officers and all concerned of the Civil and Military Authorities are hereby restrained from acting on PCO which has been issued or from 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 to undertake any such action, which is contrary to independence of Judiciary. Any further appointment of the Chief Justice of Pakistan and Judges of the Supreme Court and Chief Justices of High
Courts or Judges of Provinces under new development shall be unlawful and without jurisdiction
 Reply:   Press Release: I will only all
Replied by(Haque) Replied on (4/Nov/2007)
.

Sunday, November 04, 2007

 

To Whom It May Concern:

 

I Prof. (Dr.) Anwar Ul Haque is one of the main petitioners whose petition against Gen. Musharraf was before the Honorable Supreme Court's larger bench comprising of 11 honorable Judges under the leadership of Justice Javaid Iqbal, I would like to state that since the 7 members of the bench had been forcefully stopped from working by the respondent abusing his state powers, I have no confidence whatsoever in the judges who took the oath under illegal and unconstitutional PCO. I will not like to peruse my case in any other bench except those containing all those judges of the bench who rightfully refused to take an illegal and unconstitutional oath. My plea in my petition was and is that so called October Presidential Elections do not qualify even for the word and term "Election" as it;

1)       Bypasses 160 million Pakistanis' consent as of 2007

2)       Deprives millions of voters their voting right who had acquired the voting right since 2002 because of attaining voting age

3)       Deprives many Pakistanis to reflect their change of opinion about Gen. Musharraf for the worst after seeing his Government's dismal performance over last five years

4)       Deprives the right of accountability to the voters who in legitimate elections always are given chance to evaluate the performance of the past Government and then to either elect or reject it

5)       Did not provide time at all for discussion and debates among candidates over important issues; this debate is essential part of democratic elections.  
 
(Reference Encyclopedia Britanica and Wikipedia)

 

Elections whether direct i.e. that of assemblies or indirect through assemblies i.e. that of Prime Minister and President must reflect the fresh mandate of people, otherwise assemblies may be allowed to elect people for 100 years. It does not matter even if you get 100% votes from an incompetent assembly People of Pakistan are master and they elect their servants in the elections. No one can deprive them their right. Of course Gen. Musharraf while in Government service can not contest elections regardless of enormous constitutional juggleries.

 

To me, like almost all Pakistanis the Supreme Court is intact and is comprised of those judges who did not take oath on PCO whether they carry out their proceedings in a house or under a tree and hence I can not allow my case to be heard by those judges who became part and parcel of the gross violation of constitution and law.

 

 

Prof. (Dr.) Anwar Ul Haque

Petitioner (Petition # 84/2007)

 

 



--
Anwar Ul Haque
 
 Reply:   Inshah Allah, i am praying and
Replied by(Noman) Replied on (4/Nov/2007)

Inshah Allah, in this moment of need, we will stand together, because may be this is our last chance
 
 Reply:   There will be Insha Allah Inst
Replied by(Haque) Replied on (4/Nov/2007)

Peopple are very very angry at this moment. However they are confused how to go about it. Insha Allah people will develop a sustainable reaction. We have to support those people who go in jails and/or tortured. We have to grow above ourselves. The shortest andsurest way is to inject Quran in the veins of Muslims and to use Quran for the moment. Let us think hard and find out and develop workable soultions so that new set up is good and sustained. May Allah help us all.
 
 Reply:   Musharraf engineered SC suspen
Replied by(Noman) Replied on (4/Nov/2007)

Dr Sahib
wake up
this is Pakistan
New engineered CJ has suspended this order.
now please dont ask, is it legal or illegal
and also please dont ask is it constitutional or not.
we are an impotent nation and nothing else
just now i checked GEO, they told there are no agitation in Lahore and in nation as well
so it means Musharraf is right, people are with him,
the why we bunch of people are burning our blood.
Dr sahib, i was expecting civil war, but no there is only one war and that war on terror... or war f terror
 
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