A Constitutional Petition, seeking stay of the proceedings of inquiry commission over mamogate scandal, was filed in the Supreme Court on Monday.
Shahid Orakzai said in his petition that the commission could not issue notice to the President however only exclusive authority of joint sitting of Parliament preserves the right to investigate the President under Clause (6) of Article 47.
The applicant remarked that doubt has arisen that Chief Justice of Balochistan High Court and Chief Justice of Sindh High Court according to his Oath and Article 198 could not sit to discharge his constitutional duty out side the territorial jurisdiction of respective High Court.
He further added that a judge of High Court can perform judicial function out side the territorial jurisdiction of the High Court only after the transfer orders issued by the President under Article 200 of the Constitution.
He raised a question on inquiry commission that whether the two chief Justices of High Courts can jointly ask the President outside their own territorial jurisdiction? “The said judges didn’t secured constitutional provision to do so, “he added.
He stated that the apex court did not order the judges or the inquiry commission to act in aid of the court under Article 190 of the constitution.
He further pleaded the court that unless the commission would be immediately restrained, it is likely to give a political tint to its proceedings. “The inquiry commission may ultimately crown Nawaz Sharif being the leader of second biggest political party in the Parliament as well as the leader of ruling party in Punjab if as and when the inquiry yields results, the applicant added.