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Pakistan high court summons Musharraf to explain emergency rule declaration

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Supreme Court of Pakistan on Wednesday summoned former president Pervez Musharraf to appear before the court and justify his November 2007 declaration of emergency rule in the country. Under the rules, Musharraf had dismissed many members of the country's judiciary, including Chief Justice Iftikhar Mohammed Chaudhry. Musharraf had argued that the courts had interfered with his ability to combat extremist rebels in the country and that his action was permissible under Article 232 of Pakistan's constitution. That claim was rejected by the Supreme Court at the time, but was later upheld by a court reconstituted by Musharraf after the dismissal of the existing justices. The order calls for Musharraf to appear before the court on July 29. Legal experts from the country say that the order is not binding on Musharraf, but that it may signal possible further action against the former leader. Last August, Musharraf resigned from office in order to avoid impeachment proceedings by the country's parliament. Earlier that month, the country's coalition government said that it would push to impeach Musharraf because he had given a "clear commitment" to step down from office after his party was defeated in parliamentary elections. In June 2008, former Pakistani prime minister Nawaz Sharif called for Musharraf to be tried for treason, labeling him a traitor disloyal to Pakistan and saying he should be punished for the "damage" that he had done to the country in the years since he led a military coup and unseated Sharif in 1999.

Full post as published by JURIST - The Paper Chase on July 23, 2009 (boomark / email).