Pak Constitutional experts reject Musharraf's claim

Islamabad, Feb 7 : Pakistan Constitutional experts have said that any constituted court or any house of Parliament with a majority can reverse all unconstitutional decisions taken by President Pervez Musharraf on November 3, 2007.

These experts, including Barrister Aitzaz Ahsan, former Supreme Court judges Wajihuddin Ahmed, and Fakhruddin G Ibrahim rejected Musharraf's view that only a two-thirds majority of Parliament could reverse his actions.

"All November 3, 2007 actions were taken through an executive order, which requires a constitutional and legal sanction, but steps taken on or after that day do not enjoy any of such cover," The News quoted Justice (retired) Wajihuddin, as saying.

"All these steps were taken without following the procedure defined in the Constitution or by a two-thirds majority in both houses of Parliament. These steps were taken by an authority which was constitutionally incompetent for doing so," he added.

"The authority of 'Chief of the Army Staff' which took all these actions through executive order, was incompetent for doing so, however, the court of even a civil judge has legal authority under the Constitution to undo these unconstitutional moves and even the amendments made to the Constitution of Pakistan," Wajihuddin said.

He said any executive office, including that of the Prime Minister, could reverse the actions of November 3, 2007 by an executive order. This will result in reinstatement of all the deposed judges including Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. When asked about the validation of steps taken by Musharraf by the Supreme Court, Wajihuddin said that the apex court has no authority to validate the moves.

Justice (retired) Fakhruddin G Ibrahim said that the two-thirds majority is required to validate moves taken on or after November 3, 2007 and for reversing the moves simply an executive order is required.

President of Supreme Court Bar Association (SCBA) and senior PPP leader Aitzaz Ahsan, senior PML-N leader Pervez Rashid and many other senior political leaders are of the view that November 3, 2007 steps will be reversed through a simple executive order.

Attorney General of Pakistan Malik Muhammad Qayyum stated that the Supreme Court sanctioned Musharraf's November 3, 2007 steps.

He said the apex court thrice in history had also protected such executive orders. Even some of the sacked judges have also endorsed similar executive orders by Musharraf in 2000.

He said two-thirds majority in parliament could only reverse November 3, 2007 moves.

ANI