The chief justice of Lahore High Court (LHC) on Wednesday constituted a larger bench to hear a constitutional petition against Prime Minister Syed Yousaf Raza Gillani, seeking to declare him disqualified to hold the office for deliberately defying Supreme Court’s orders in the cases against his government. The three-member larger bench, headed by Justice Azmat, comprises Justice Nasir Saeed and Justice Shahid Saeed. It will hear a petition filed by a senior lawyer Allah Bakhsh Gondal through AK Dogar Advocate, contending that the prime minister failed to abide by his publicly-made statement regarding complete implementation of the orders of the top judiciary.
The petitioner sought the premier’s removal from the office and initiating proceedings against him under Article 6 of the constitution for committing offence of high treason and subversion of the constitution by defying and disobeying the judgments of judiciary in many sensitive cases against his government. The court judgments cited in the petition included NRO case to the use of the Presidency by President Asif Ali Zardari for political purposes. The prime minister, says the petitioner, is constitutionally responsible for acting upon the decisions, but he being a tool of President Asif Ali Zardari was more prone more to follow his (president’s) words than discharging his constitutional obligations.
Earlier, a five-member bench was constituted headed by former LHC chief justice Chaudhry Ijaz Ahmed to hear the petition, but it was dissolved after he was elevated as a Supreme Court judge.
At the initial stage, Justice Umar Ata Bandial, had heard and admitted it to regular hearing. The judge had issued notices the Attorney General of Pakistan for the government’s version, but he did not appear before the court. The judge later referred the matter to a full bench.
The petitioner has also cited Article 6(3) of the Constitution to plead that it may be interpreted to allow a layman to seek high treason trial which otherwise is the prerogative of the federal government by way of moving a reference to the court of law.
Two other petitioners, Afaq Ahmad and Akhtar Shah, have moved this court to seek permission to become a party to the said petition. They have assailed the writ petition from the angle of locus standi of Gondal as previously he was not a party to any previously decided petitions.
ARREST WARRANTS FOR JAIL
SUPERINTENDENT: The Lahore High Court on Wednesday issued bailable arrest warrants of Superintendent District
Jail Sheikhupura for not appearing before the court.
The court had summoned the superintendent in a bail matter besides seeking a report from him, but he failed to comply with the directives. The court took a strict notice of his absence and adjourned the matter till January 12. Justice Sheikh Ahmad Farooq was hearing the petition filed by Liaqat Ali seeking bail after arrest in a murder case. The petitioner submitted that he was innocent but falsely implicated in a murder case registered with Sharaqpur Sharif Police Station on February 13, 2011 for killing Irshad. He submitted that the co-accused had already been granted bail in the matter; therefore, the petitioner should also get the same relief.
