In a dramatic move, the 11-member bench of the newly constituted Supreme Court on Monday dismissed all main petitions challenging the eligibility of President Gen Pervez Musharraf to contest election.

The dismissal paves the way for notification of General Musharraf’s election through outgoing assemblies on October 6. The court will meet again on Thursday to take up the government request for removing the embargo placed on the notification by another 11-member bench of the court that was disbanded by Musharraf while imposing emergency on November 3 and promulgating the Provisional Constitution Order (PCO) to purge judges of superior courts who were poised to rule against his candidature.

Angry judges threatening contempt proceedings against the petitioners and their counsels for their refusal to argue before the judges who have taken oath under Musharraf’s Provisional Constitution Order, dismissed the petitions for “non prosecution”.

The petitioners included two rival candidates, former Justice Wajihuddin Ahmed and Makhdoom Amin Fahim, vice-chairman of the Pakistan People’s Party (PPP), besides Imran Khan, Qazi Hussain Ahmed and the Pakistan Lawyers’ Forum (PLF).

The court warned Fahim that he could be disqualified from contesting any elections for committing contempt of the court in his letter seeking withdrawal of his petition.

Fahim submitted that the constitution is in suspension and the judges have been forced to take oath of allegiance to the PCO illegally imposed by General Musharraf as army chief. The oath specifically prohibits them from passing any order against General Musharraf or anybody “designated” by him. Under the circumstances, he did not expect the court to rule against Musharraf’s eligibility.

The court observed that Fahim has cast aspersions on the members of the bench in his application and is thus liable to be punished under the contempt of court law.

“Do you realise that your client will be deprived of contesting election if you are punished for defaming the judiciary?”, chief justice Abdul Hameed Dogar told the counsel for Fahim. His counsel then withdrew the petition.

Justice Wajihuddin was represented by his advocate on record. He raised similar objections as Fahim but said he would not withdraw his petition. The court asked the advocate on record to argue the case who maintained that he is not in a position to argue.

He said all members of the panel of lawyers for Wajihuddin, including chief counsel Chaudhry Aitzaz Ahsan, were in jail and unable to appear before the court. Unless they are allowed to do that he could not decide whether to pursue the petition or withdraw it.

The judges also warned Wajihuddin that he was committing contempt of court by criticising them for taking oath under the PCO and refusing to argue before them.

Attorney-general Qayyum Malik said the petitioner wants to prolong the case and requested the court to pronounce its ruling at the earliest to remove current uncertainty in the country. Justice Dogar said the bench would pass final order on the embargo on issuance of notification next Thursday when it take up another petition filed by a citizen Zahur Mehdi questioning the validity of presidential election from outgoing assemblies. The petitioner has maintained that the outgoing assemblies could elect a president for the unfinished term of the incumbent if he resigns or dies. It cannot give fresh mandate of five years to a new candidate.

Commenting on the court decision, Qayyum Malik said it removes major hurdles in the issuance of notification of the result. He said President General Musharraf is committed to take oath as civilian president once the notification is issued by the Election Commission.

Earlier a seven-judge bench of the SC briefly heard arguments on two petitions challenging the imposition of emergency and promulgation of the PCO. Barrister Zafrullah arguing for petition of the Watan Party said the army chief had no constitutional authority to impose emergency or suspend the constitution.

Chief Justice Dogar observed during the arguments that the emergency has been imposed for a very short term under disturbed conditions. He said the situation has improved considerably after the imposition. The emergency order specifically prohibits the courts to pass any order against the emergency or the PCO. The court adjourned the case till Tuesday.

Attorney-general Qayyum Malik has said the National Reconciliation Ordinance that pardoned former premier and PPP chairperson Benazsir Bhutto is likely to be overturned by the Supreme Court bringing her once again to the courts to face the corruption charges.

Bhutto could soon be facing the same corruption charges that had forced her into exile for more than eight years, according to a report published in The Sunday Times.

The Sunday Times correspondent Christina Lamb quoting attorney-general Malik Mohammad Qayyum said a government amnesty lifting the charges, which enabled Bhutto to return to the country last month, was legally invalid and was likely to be overturned. “I don’t think it will survive the challenge,” Qayyum said.

Quoting Bhutto, the correspondent said she was unconcerned. “I don’t care about the cases,” the PPP leader said. “I care about the future of my country. If the court wants to take it up again, all right, let them take it up.” 

Islamabad, November 19
After reams have been written about how Pakistani youth are using the Internet to oppose the emergency imposed by President Pervez Musharraf, the die-hard supporters of the General are surprising many by saying: "We love you, please stay."

One of the biggest pro-Musharraf forums with 114 members, so far, has been floated on the website Facebook.

Another pro-Musharraf group on Facebook is called “Pakistan would be lost without President Musharraf”. One student wrote: “I love President Musharraf for all that he has done for our country, even under severe stress he is able to make just and fair decisions for his people. President Musharraf stay!” — PTI

The winter session of Nepal’s interim parliament, which started today, was adjourned for 10 days as the SPA leaders failed to forge a political consensus.

Immediately after resuming the session for 13 minutes as per the notice issued by the Premier Koirala, the speaker Subas Nembang announced the next meeting would be resumed on November 29. Earlier, the top leaders of the seven parties held at Baluwatar this afternoon had decided to adjourn the session of the interim Parliament by a week after today’s formal opening.

Nepali Congress chief Whip Ananda Prasad Dungana said, “The session is adjourned to reach a political consensus among the alliance by intensifying a serious discussion within that period.” Earlier, the meeting of top-brass leaders of the ruling seven-party alliance (SPA) in Nepal, including the Communist Party of Nepal-Maoists, failed to reach a political consensus to end the current political impasse.

However, the meeting held at the Prime Minister Girija Prasad Koirala’s official residence in Baluwatar today, agreed to intensify discussion and hammer out the existing political deadlock within 10 days, said a senior leader of Communist Party of Nepal-United Marxist and Leninist Jhalanath Khanal.

London, November 19
A British Parliamentary Committee will conduct an inquiry into the illegal immigration into the UK from India, its chairman Keith Vaz, a leading NRI MP, said here.

Vaz, a former minister for Europe, said the Home affairs select committee would probe that how a size able number of Indians, mostly from Punjab, were still coming to the UK via Turkey.

He was speaking after the screening of "Shores Far Away", a film on illegal immigration from Punjab into the UK by Savyasachi Jain.

Describing it as a “pretty amazing film”, Vaz said, “I personally feel quite drained after seeing the movie. The message is clear, people who are trafficking human beings must be dealt with severely and at source."

Shot over 18 months, the documentary follows young men who have made the illegal journey from Punjab to Europe, or have tried and failed. It documents numerous aspects of the smuggling process, but its prime focus is on the human conditions of those who undertake the illegal journey.

Vaz said British immigration minister Liam Byrne would visit India next month leading a high-level delegation when the issue of illegal migrants might figure in his talks.

Last year 2,500 Indians illegally came to the UK via Austria. Jassi Khangura, MLA from Punjab, who was present on the occasion, said on paper it is illegal to be an agent.

“We have got very big problem. It is impossible to convince the people not to take the illegal route as a vast majority of them in the past had managed to get regularised,” he said.

On an average, 100 persons come to me and 15 persons among them complain of being duped by the unscrupulous agents.

“I try to convince them that there is a legal way of migrating and they could legally go to New Zealand if they spend about $60,000,” Khangura said.

He said 'Shores Far Away' is the story of those who had experienced the shadowy and dangerous process of being smuggled halfway across the world from Punjab.

Savyasaachi Jain said “The irregular migrants were very forthright in expressing themselves. They laid bare their private emotions and thoughts, and shared songs and writings about their experiences.

They were so clear about what they wanted to say that we decided not to add anything from our side and let their voices do the talking. The film is their expression.” — PTI