The court had summoned Musharraf, who is currently in London on a lecture tour, to appear before it Wednesday in person or through his lawyer but he failed do so.

'Determining responsibility for the steps taken on Nov 3, 2007 is necessary,' Chaudhry observed July before issuing summons.

Chaudhry, who was one of the 80-odd Supreme Court and high court judges sacked, had been reinstated in March after a bruising lawyers' agitation.

Musharraf had sacked the higher judiciary after it refused to take fresh oath under the Provisional Constitutional Order (PCO) he promulgated along with the emergency.

The emergency had been declared just as the Supreme Court was to deliver its verdict on the constitutionality of Musharraf's re-election in October 2007.

It had been contended that the same parliament and provincial assemblies that had elected Musharraf in 2002 had re-elected him in 2007 and this was unconstitutional.