Mohamed Omar)
Chancellor Tahany El-Gebaly has filed an appeal with the Supreme Constitutional Court (SCC) demanding the “so called” constitution be ruled as void.
Gebaly held a press conference on Tuesday to talk about her appeal, following two weeks of silence since the constitution was passed.
In her appeal, besides challenging the legitimacy of the constitution, she demanded that consequences of the constitution be ruled invalid; this would mean the return of Gebaly and six other judges to their positions as deputy chairs of the SCC.
Gebaly said: “This is not about me; it is about the independence of the judiciary and the rule of law which is being attacked by the highest authorities.”
She added that a judge cannot be expected to implement justice when under threat or subject to removal.
Islamists surrounded the SCC on 2 December 2012 when the court was due to issue its verdict on the validity of the Constituent Assembly and the Shura Council.
Gebaly said: “This is outrageous and an assault to the judiciary. The SCC has defended the rights and freedoms of the people for 43 years and ranks third internationally.”
Judges of the SCC were criticised for postponing the verdict following the Islamist protest, opting not to hold the session somewhere else.
Constitutional Expert Nour Farahat said: “One of the basic traditions of the judiciary prevents the judge from exhibiting keenness to issue a verdict. When there is an obstacle he has to postpone.”
Hussam Eissa, also a constitutional expert, disagreed with Farahat; he said the protest was an attack rather than an obstacle.
Eissa said: “The court should have issued the verdict and adhered to its role to defy the offensive.”
Farahat criticised the legitimacy of the constitution and said: “If the Constituent Assembly was ruled invalid, all the consequences would be annulled including the constitution.”
Farahat, who has also filed a lawsuit challenging the constitution, added that the regime’s stance against Gebaly goes back to when she was at the Lawyers’ Syndicate: “Article 233 of the constitution that led to the removal of Gebaly and six other judges was tailored to get rid of her.”
Gebaly also commented on the president’s speech at the Presidential Palace in which he said SCC judges were conspiring against him.
She said: “The SCC issued statements asking for evidence of conspiracy and until now they have presented nothing.
“I’ll set an example for respecting the judiciary and the rule of law in Egypt and I will never resort to international courts.”
The SCC is scheduled to hold its postponed session on 15 January amid calls by revolutionary groups to protect the court.
