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A 14-member larger bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the constitutional petitions regarding Provisional Constitution Order (PCO) judges, appointments of judges of higher judiciary and November 3, 2007 steps, the private TV channel Dawn News reported.
The verdict said that sacking of the judges was illegal and unconstitutional. Article 279 of the Constitution was violated on November 3, 2007, it said. The Supreme Court termed the steps taken on November 3, 2007 as null and void.
While giving arguments at the court earlier the day, the Attorney General said the verdict should be such that it does not harm the system. When the Chief Justice queried him about the "system", he said that the president, premier, parliament and provincial assemblies are the only constituents of the system.
The larger bench took at least four hours to write down the draft of the verdict.
Barrister Ali Saif, legal aide for Musharraf said that the former President will fight legal battle if he was charged in courts, according to the local News Network International.
The court last week had served notice on Musharraf who is now in London to appear either in person or through his counsel before the court on Wednesday to defend his position on the imposition of martial law on Nov. 3, 2007, making over 60 judges non-functional, but no lawyers were present to defend the ex-army chief as the Supreme Court hearing resumed.
The Supreme Court observed on Thursday that though the apex court could rule on the constitutionality of the actions of former president Pervez Musharraf, it could not initiate treason proceedings against him on its own.
The bench observed that the power to try the former president for treason and other crimes lay with parliament. But legal experts say that Musharraf can now be tried in treason charges as his actions were declared as unconstitutional.
On Nov. 3, 2007 Musharraf issued a proclamation of emergency, suspended the Constitution and promulgated a Provisional Constitution Order (PCO). Dozens of judges declined to take oath under the PCO and were sacked. The emergency rule was withdrawn on Dec. 15, 2007.
United States special envoy to Pakistan and Afghanistan Richard Holbrooke said earlier that Musharraf is "history and the United States will not rescue him."
The top leadership of the Pakistan Muslim League-Q (PML-Q), the greatest beneficiary of Pervez Musharraf's nine-year rule, decided to remain silent on what is happening to the former president in and outside the Supreme Court.
"We will remain silent on this," PML-Q President Chaudhry Shujaat Hussain said in a brief comment.