Pakistan's court declares Musharraf's emergency rule illegal (Roundup)

Jul 31, 2009, 17:31 GMT

Islamabad - Pakistan's Supreme Court on Friday declared that the imposition of emergency rule and the sacking of judges in 2007 by former president Pervez Musharraf was unconstitutional and illegal.

The verdict may strengthen the case for a possible impeachment of the former military ruler by the parliament.

In a reversal of fortune, chief judge Iftikhar Muhammad Chaudhry, who was detained by Musharraf following the imposition of emergency rule in 2007, read out the short decision before a packed court room.

A spokesman for President Asif Ali Zardari welcomed the verdict as 'a victory for democracy and negation of the dictatorship.'

'We are still waiting for the detailed ruling to see what has been utterly abolished as illegal and unconstitutional and what has been left to the parliament for further decision,' said Farhatullah Babar.

Musharraf using his authority as army chief to declare emergency powers on November 3, 2007, sacking at least 60 judges of the superior judiciary and suspending some key sections of the constitution to give himself dictatorial powers.

Musharraf's move was widely protested and resulted in a significant loss of support for the former army commando, who took power in a bloodless coup in October 1999.

He eventually left office to avoid impeachment in the parliament in August 2008, nearly six months after his political backers were defeated in general elections.

Asif Ali Zardari, the widower of assassinated former prime minister Benazir Bhutto, replaced him. Musharraf currently lives in London.

Hundreds of lawyers danced, shouted slogans and distributed sweets to celebrate the ruling.

The country's influential legal community led a political movement that resulted in the reinstatement of Chaudhry in March this year, hours before a mass protest planned in Islamabad for his restoration.

The 14-member bench, headed by Chaudhry, also declared on Friday that all of Musharraf's actions between November 3 and December 15, 2007, including the appointment of dozens of judges to replace the sacked justices, were unconstitutional.

However, the court exempted the general election called by Musharraf, apparently to avoid further legal complications and political crisis in the country.

On Thursday, Chaudhry turned down a request to initiate a treason case against Musharraf for suspending and amending the country's constitution, leaving it to the parliament to decide whether it will impeach him or not.

'If the court has referred (action against Musharraf) to the parliament then the parliament will consider the ruling and take appropriate measures,' Babar said.

The court last week asked the former military strongman to explain, either in person or through counsel, the proclamation of emergency rule and subsequent ouster of the judiciary in November 2007.

Musharraf was asked to defend the charges on Wednesday, but he skipped the hearing. One of his legal aides told Geo television channel that his client had not received any summon notice.

'I have advised General (retired) Musharraf not to plead before the judges who were directly affected by his decision,' Saif Ali Khan said over phone from London, where Musharraf is believed to have lived for the last nearly two months.

Musharraf says he took all actions with the nation's best interest in mind. However, the decision for emergency rule came as the Supreme Court was close to deciding on Musharraf's eligibility to run for a second term as president while he retained his position as army chief.