The seven-member Supreme Court Bench today validated General Musharraf’s declaration of emergency as army chief and gave blanket cover to all his actions and legislations.

The court stacked by Musharraf with his loyalists, also allowed him to amend the Constitution, “provided it does not affect its basic structure”.

And in an apparent indictment of the previous Supreme Court and its deposed members, the verdict blamed them for overstepping their jurisdiction and paralysing the executive. It did not give any cut-off date for ending the emergency but simply said the Constitution should be restored after the situation returns to normal. It also ordered Musharraf’s government to ensure free and fair elections in the country.

Chief Justice Abdul Hameed Dogar, who presided over the Bench, read out a brief order and said the judges who did not take oath under the PCO had ceased to be members of the court. “It is now a past and shut chapter,” he said.

The ruling was immediately decried by jurists and politicians who said they were not surprised as it comes from judges handpicked by Musharraf who had taken oath of allegiance to his emergency and owed their position to the Provisional Constitution Order (PCO) that prohibited them from passing any order against him.

The brief order said Musharraf was right to impose the emergency in the “interest of the state and the people” because of the law and order situation and the rise of extremism.

“The army chief had no option but to declare emergency,” the verdict said adding: “The situation in the country was critical as horrific-suicide bombings were taking place and the security forces were being targeted especially in the tribal areas where the situation was highly critical, while the executive was left paralysed by the conduct of some of the members of the superior court.”

The short order said the extra-constitutional measures had become imperative and, therefore, the SC deemed valid Army Chief’s measures taken after November 3 besides validating the process of taking oath under PCO.

Many jurists and politicians termed the ruling as one of most controversial in the country’s judicial history. They said they expected such a judgement from a pliant pack picked by Musharraf after purging the judiciary of independent judges but were shocked by the broad sweep and audacity of its contents conceding unlimited authority to any army chief to act at will beyond any constitutional authority.

Former chief justice Saeeduzzaman Siddiqui said the seven judges who delivered the verdict were creatures of the emergency and the PCO which they had sworn to defend. He parried the question that the verdict had further put a question mark on the integrity of judges of the revamped court but said they were not competent to pass order on a proclamation that had created them.

Imran Khan said the “PCO judges” had revived the abominable doctrine of necessity that has been used in the past to endorse military take-overs. “They have established the divine right of the army chief to rise above the Constitution and the law to commit any illegality, destroy any institution and bring all state institutions, including the judiciary, under his command.”

PML-N chairman Raja Zafrul Haq said he was shocked by the contents of the ruling and added that General Musharraf had completely subjugated the judiciary reducing it to a body ever willing to put a stamp of approval to all his actions.

Attorney-General Qayyum Malik contested the criticism and said the court accepted very valid arguments advanced by the government to justify the emergency. He said the judges of the present court were as independent and impartial as their predecessors. 

Islamabad, November 23
Pakistan today termed as “unreasonable and unjustified” its suspension from the Commonwealth and said efforts to restore normalcy in the country would not be determined by “unrealistic demands from outside”.

“The decision is unreasonable and unjustified. Pakistan will review its association and further cooperation with the organisation,” said a statement issued by the Foreign Office.

Pakistan is committed to restore full democracy, the statement said, adding the emergency imposed by President Pervez Musharraf on November 3 was a “necessary measure to avert a serious internal crisis”. — PTI

Vienna, November 23
Indian negotiators today wrapped up their first round of talks on a nuclear safeguards agreement with the International Atomic Energy Agency (IAEA) with a message from the government that the discussions should be completed “as soon as possible”.

The team of Indian officials, who held discussions with the IAEA on the safeguards pact needed to implement the Indo-US civil nuclear cooperation deal, will be leaving for home tomorrow.

Anil Kakodakar, chairman of the Department of Atomic Energy Commission, initiated the talks on Wednesday and returned home yesterday. He had said the safeguards issues were a serious business and they had to be worked out.

“The next round of talks is expected to take place soon. The three-day negotiations were purely technical. The government has given the green signal to finish the talks as soon as possible,” Sheel Kant Sharma, Indian Ambassador and Governor on the IAEA Board said.

The talks with the IAEA began after the Left parties, which were strongly opposed to the deal with the US, cleared the government’s negotiations with the IAEA on a condition that it will not initiate any agreement. — PTI

London, November 23
Bollywood superstar Shah Rukh Khan has emerged as the sexiest Asian man in the world in 2007, according to a list published by a weekly newspaper here.

Eastern Eye, a leading British-Asian paper, says last year’s winner Abhishek Bachchan was relegated to the fourth position this year. Hrithik Roshan came second followed by John Abraham.

British Asians on the list include Patel, Jay Sean, cricketer Mark Ramprakash and footballer Michael Chopra .

On being named the sexiest man on the planet, Khan told Eastern eye: “Me, really? Thanks. I feel too sexy to talk to anyone now!” — PTI