LAHORE: The Supreme Court on Thursday shut the door on former dictator Pervez Musharraf to contest upcoming general election by withdrawing the order permitting him to submit nomination papers after he failed to appear in person.
A four-member bench headed by Chief Justice Saqib Nisar was hearing Musharraf’s appeal against his 2013 disqualification by the Peshawar High Court at the Supreme Court Lahore registry. Justice Sheikh Azmat Saeed, Justice Umar Ata Bandial and Justice Ijaz-ul-Ahsan were the other members of the bench.
Last week, the Supreme Court had allowed Musharraf to file nomination papers for the July 25 general elections on a condition that he would appear personally before the court on June 13. The court, however, had made it clear that his nomination papers would be subjected to the final outcome of the case.
After the court order, Musharraf submitted nomination papers for Chitral’s NA-1 through his attorney, but he did not return to the country to appear before the Supreme Court – despite the court’s ordering to authorities to unblock his CNIC and passport.
The court had said that the former army chief’s nomination papers would be received by the returning officer, but were to be considered only if he appeared in person at the Supreme Court’s Lahore registry.
Chief Justice then on Wednesday gave the former president until 2pm Thursday to appear in person or face action according to the law.
“Musharraf wants to return to the country but cannot owing to the current situation and Eid-ul-Fitr holidays,” the former military chief’s counsel told the bench during the hearing on Thursday.
The CJP had earlier in the day inquired about Musharraf’s intention to appear before the court.
“Find out if Musharraf will appear before the court or not,” the chief justice ordered the deputy attorney general, adding that an update regarding the former dictator’s appearance should be submitted in court at the earliest.
“The hearing was scheduled for 2 pm on Thursday but we can wait if Musharraf will appear [before the court],” Chief Justice Nisar said. He observed that the court staff had to leave for Eid holidays.
During the hearing, All Pakistan Muslim League (APML) Secretary-General Dr Amjad and lawyer Moazzam Butt appeared before the court.
Musharraf’s lawyer maintained that his client intended to return to Pakistan but was unable to do so due to the present circumstances.
“Musharraf is coming or not?” Chief Justice Nisar asked Advocate Malik Qamar Afzal, the counsel of Pervez Musharraf who replied: “He (Musharraf) is not coming today”.
“I personally called him today at 11 am to ask him about his plan to return but he told he wanted more time to come back.
“Okay, then we (the court) withdraw the interim relief given him earlier to file nomination papers,” the chief justice observed.
The counsel said he assured to return on which the bench remarked that the case would be fixed after his return.
On Wednesday, the chief justice had made it clear that decision would be taken in absentia about the eligibility of Musharraf to contest elections if he did not appear before the court by 2 pm on Thursday.
He said the apex court was not bound to accept Musharraf’s condition regarding guarantee for his return, as the court had already granted him protection by letting him practice politics in Pakistan without any fear. He said, “If Musharraf is a commando, he should come to Pakistan instead of parroting like politicians. Didn’t you get afraid when you took over the country?”
If Musharraf has ‘tremor’ disorder then how will he participate in general elections 2018,” he asked.
The top judge had also made some sarcastic remarks on former commando’s feeling insecure and frightened – that was keeping him from returning to Pakistan – and his alleged illness.
