The nine-member bench comprising Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Falak Sher, Justice Shakirullah Jan and Justice Javed Buttar, rejected the petitioners' plea that the case be heard by 17-member full Supreme Court.
Earlier the court heard senior counsel Sharifuddin Pirzada, Attorney General Malik Mohammad Qayyum, S M Zafar, Mohammad Akram Sheikh, A K Dogar, and Hamid Khan on the subject. Announcing the decision, presiding Judge, Justice Bhagwandas said though it was a matter that would determine the destination of the nation, yet instead of the full Supreme Court, the nine-member bench would decide the petitions.
He said some members of the bench had dissented but it was a convention that such dissent was not brought on record; therefore, it was a unanimous opinion of the nine-member bench. Opening his arguments, counsel for Jamaat-i-Islami, Akram Sheikh, said that the Supreme Court gave three years to General Pervez Musharraf to complete his 7-point agenda from October 12, 1999, the day he took over reins of the country after ousting the sitting government.
He said that by virtue of this court decision, General Musharraf became President on October 12, 2002 after the referendum for a five-year term which would expire on October 11, 2007. He said that General Musharraf could have been elected as the President before September 11 - one month before expiry of his term on October 12, 2007. Therefore, now he has missed the bus to contest the election.
He said that Musharraf could remain President till October 11, 2007. After that date, Senate Chairman should assume office of the President, and he should make arrangements for the next Presidential and general elections in the country.
He contended that the Act 2004, which allows President Musharraf to hold two offices of President and Chief of the Army Staff, was discriminatory and was inconsistent with the Fundamental Rights conferred by Article 25 of the Constitution.
On this contention of the counsel, Justice Sardar Mohammad Raza Khan and Justice Falak Sher observed that if the court accepted his argument, then its effect would be worst since every future Chief of Army Staff would have a claim on the office of the President. Akram will continue his arguments on Tuesday.