LAHORE – Chief Justice of Lahore High Court (LHC) Justice Ijaz Ahmad Chaudhry on Monday observed if courts start taking action on news published in newspapers, the situation will deteriorate further.
CJ made these remarks during the hearing of several writ petitions challenging holding of dual office by President Asif Ali Zardari, when petitioner’s counsel AK Dogar questioned reputation of Zardari by referring to different newspapers reports.
Dogar said that the Supreme Court had also given references of different news items in its July 31 judgment.
The court, however, adjourned hearing till February 21. The petitions were filed by AK Dogar, president Pakistan Lawyers Forum (PLF), Engineer Ghulam Jillani and Advocate Asif Mehmood Khan seeking disqualification of Zardari for simultaneously holding political office of PPP co-chairperson as well as President of the country. The four-member bench headed by Justice Ijaz Ahmad Chaudhry heard arguments by petitioner counsel AK Dogar against eligibility of Zardari on various counts including an impaired reputation.
A local lawyer Afaq Ahmed coming to the rostrum hinted at a legal point involving legal status of petitioner lawyer AK Dogar as a lawyer. He said the name of his legal organization, Pakistan Lawyers’ Forum is violation of Punjab Bar Council (PbBC) rules and thus his practicing license is liable to be cancelled under the bar rules. He said PbBC rules declare that word ‘Pakistan’ in name of any lawyer firm/organization is illegal and professional misconduct on the part of a lawyer heading the legal firm.
Afaq prayed to the court to cancel license of Mr Dogar under section 41 of Punjab Bar Legal Practitioners Act for adopting word Pakistan in his firm title. The court advised Afaq to file a Civil Miscellaneous (CM) application against AK Dogar and promised him that the matter pertaining to Dogar’s license will be heard along with cases in which he is a petitioner/lawyer against President Asif Zardari.
Earlier, during proceedings AK Dogar was arguing that Asif Zardari faced pre-election disqualification due to his bad reputation. He submitted that Zardari is known as Mr 10 percent at national and international level for taking kickbacks on contract deals during his spouse Benazir Bhutto’s tenure as a prime minister. The petitioners contended that President being head of the state is constitutionally required to maintain an impartial, neutral and non-partisan posture to deal with any situation in the best national interest without allowing his party or political interests coming in the way.
The counsel contended that Asif Ali Zardari is head of a political party and adopts, on occasions, the absolute posture of the party leader to serve party interests which is contrary to the character of his Constitutional office. The petitioner has raised finger at the reputation of Zardari who, he says, on the basis of media and others reports, is known in the world as ‘Mr 10-per cent’ which, he adds, brings to him inherent disqualification to be elected as President of Pakistan in terms of Article 62 and 63 of the Constitution.
He prays to the court to declare Zardari disqualified to hold dual offices.
LHC considers argument based on newspaper reports, frail
