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LHC order on dual office must be complied with

Source: The News | 07-12-2012

LAHORE: The full bench of the Lahore High Court (LHC) hearing the issue of presidential immunity and holding two offices maintained on Thursday that the order pertaining to relinquishing one slot by the president was necessary to be complied with at all costs.

During the hearing, the federal government flip-flopped once more before the Lahore High Court bench on the issue of presidential immunity and sidestepped the court query on the subject.

At the outset, the federationâ€™s counsel, Wasim Sajjad, extended arguments on the maintainability issue, but the situation turned ugly for him when the court reminded him that he had concluded the arguments on maintainability and was advancing arguments on the issue of presidential immunity under Article 248(2) of the Constitution.

The court observed how a contempt of court petition against President Asif Zardari could be entertained in the presence of Article 248(2) of the Constitution which provided complete immunity to the president from all kinds of criminal proceedings. The court asked the petitionersâ€™ counsel, Azhar Siddique and AK Dogar, to come up with arguments on the point.

The bench comprising Chief Justice Umar Ata Bandial, Justice Nasir Saeed Sheikh, Justice Sheikh Najamul Hassan, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah is hearing a contempt petition against President Zardari for not relinquishing the political office in the light of the LHC judgment, issued in May 2011.

Wasim Sajjad had completed arguments on the issue of maintainability and started arguments about the immunity on the previous hearing.However, Advocate Sajjad avoided giving a response to the courtâ€™s query and tried to put the issue of immunity on the backburner for the time being by saying the point of Article 248(2) (immunity) would arise after the court declared the instant petition maintainable. He insisted arguing on the maintainability issue.

Responding to his arguments, Advocate Azhar Siddique stated that the question of maintainability had been decided in the order, issued by the bench on Oct 10, 2012. He said the proceedings were on a stage of issuing a show-cause notice to the president under Section 17 of the Contempt of Court Law.

Wasim Sajjad, however, came up with old arguments that no explicit order was issued against the president and the judgment merely â€œexpectedâ€ of the president to maintain complete neutrality, impartially and aloofness from any partisan political interest, which did not amount to an order or qualify as direction in the nature of mandamus.

Citing the SC judgments, he said an obligation/order must be expressed clearly and directly issued to parties involved in a case. The LHC had not issued any binding direction to the president, he said and added, â€œIf the court issues any direct order then we will defend it.â€

On the other side, Advocate Azhar Siddique argued that the SC had already ruled that nobody was above the law and courts under Article 204 of the Constitution could punish anybody for committing contempt of court.

He said the SC also declared that Article 248(1) of the Constitution was in clear violation of Article 25. He further said that Article 248(1) did not provide immunity to anybody from any legal proceedings.

At this, Justice Bandial pointed out that the president and governors enjoyed immunity under Article 248(2) and ambit of both articles was different.

During the course of the arguments, Justice Syed Mansoor Ali Shah also asked Advocate Dogar to cite the Constitution of any country in the world which allowed action against president or any example of conviction of any head of the state.

The counsel said at the moment he could only discuss the Constitution of Pakistan, however, would find out such examples if the court asked him.The bench adjourned further hearing for Friday (today) with direction to the petitionerâ€™s counsel to come up with arguments on the point of immunity.

Advocate Wasim Sajjad expressed his unavailability to attend the Fridayâ€™s hearing, however, the chief justice observed that the court had heard arguments of the federation and the presence of its counsel was not required during further hearings.

Munir Ahmad filed the contempt of court petition though Azhar Siddique Advocate against the president for holding political office and indulging in political activities in violation of an LHC full bench order. The petitioner said the president had neither disassociated himself from the political office as expected by the LHC in its decision against the presidentâ€™s dual office.

He said neither directions issued by the court had been followed nor he (president) stopped â€˜misusingâ€™ the President house.The petitioner stated that the use of Presidency for partisan political activities by Asif Zardari was not only illegal but also a contempt of court order, issued on May 12, 2011.

He prayed that the president should be issued a show-cause notice and punished for the contempt of court in view of the punishment as provided in Contempt of Court Ordinance, 2003 read with Article 204 of the Constitution.

ATC adjourns Musharraf indictment until August 20

Source: Geo News | 06-08-2013

RAWALPINDI: Former military ruler Pervez Musharraf on Tuesday failed to appear in court to be indicted over the murder of former premier Benazir Bhutto due to what police said were security concerns. Musharraf, who ruled the nuclear-armed state from 1999-2008, had been summoned to face charges of criminal conspiracy and the murder of Bhutto in Decembe..... Read more

6 dead, above dozen injured as bus turns turtle in Khairpur

Source: Geo News | 20-08-2013

KHAIRPUR: As many as six persons including two women died and 13 more sustained injuries when a passenger bus turned turtle near Khairpur in the wee hours of Tuesday, Geo News reported. Sources said the Karachi-bound bus, which was coming from Punjab, met with the accident when it reached Thari Mir Wah town’s area Sui Gas. Police said the ove..... Read more

Pak-China vow to promote policies for regional peace, cooperation

Source: Geo News | 05-07-2013

BEIJING: Pakistan and China Friday resolved to promote policies aimed at advancing the cause of peace, cooperation and harmony creating a win-win situation in the region. In a joint statement issued after the meeting between Prime Minister Nawaz Sharif and his Chinese counterpart Li Keqiang here, both leaders reaffirmed their commitment to pursue pe..... Read more

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