Hearing an appeal filed against the objections raised by the registrar’s office, the Supreme Court accepted a petition filed by Pakistan Tehreek-e-Insaf leader Ishaq Khan Khakwani seeking disqualification of Prime Minister Nawaz Sharif.
The appeal had been filed by the PTI leader against registrar’s office on September 11, after the latter had rejected the plea demanding that Prime Minister Nawaz Sharif be disqualified under Article 184(3) of the Constitution.
Khakwani, through his counsel Advocate Irfan Qadir, had submitted the petition on September 2, requesting the disqualification of Nawaz — citing as reason his controversial statement made on the floor of the House regarding the role of army in the ongoing crisis.
The SC registrar office rejected the request after raising objections on it. The registrar office raised three objections, two of which were of technical nature while the third was legal.
The registrar office had objected that none of the fundamental rights of the petitioner have been violated and he has no ‘locus standi’ to file a petition for the disqualification of the PM.
It said that the premier enjoys immunity, in reply to which the petitioner submitted that the apex court has disqualified a sitting prime minister in the past.
Subsequently, Advocate Qadir again submitted the petition on September 13 after answering the objections. He also filed a request asking for speedy hearing of the case. The petitioner challenged the SC office’s objections, saying that the registrar has no power to decide as to whether the petition is maintainable or not.
“The SC’s office order runs contrary to a plethora of judicial precedents of recent years of the post-restoration period of former chief justice Iftikhar Muhammad Chaudhry, according to which in similar circumstances petitions were entertained against sitting prime ministers, federal ministers and parliamentarians where many of them were directly disqualified by the SC itself with further directions to the Election Commission of Pakistan to de-notify those holders of public office”, the appeal stated.
“The question of maintainability is to be decided by the Supreme Court in terms of Article 184(3) of the Constitution of Islamic Republic of Pakistan. In the instant case, the institution officer has assumed upon himself the functions of the Supreme Court”, the PTI leader’s appeal says.
Published in The Express Tribune, September 16th, 2014.
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As predicted by Hashmi. IK cud not win elections and hwnce become a pet to new masters. Judiciary as predicted by Hashmi is involved woth imran khan to topple and electes government by unfair means. Shame on IK. Shame. How can Imran Khan fight for womens right when he is ashamed to recognize his own daughter. Shame what a hypocrit ask ppl to not pay bills while he along with his mnas and mpas continue to pay his bills.
The Hashmi saga was a masterstroke from the government. By getting him to talk about his reservations and assumptions they have put both the establishment and SC on the back foot and hedged against any future actions by the two. So even if the SC gives a fair judgment against the govt. many people like Ricky above will say "see Hashmi was right all along. Its all one big conspiracy "
@Mirza: this nation is not short of sychophants.
@Ricky: crawl back under the rock you came out from.
On one hand PTI says that with the help of SC and its CJ the elections were rigged and stolen and he has no faith in any institution. When IHC or SC decides in their favor they take it as their victory not the honesty of courts and judges. Only IK can have it both ways. Every act that benefits him is fair and those who do not benefit him are corruption and unfair.
It looks like Hashmi was right all along. There is more to it than meets the eye. Every unconstitutional change and every military coup and every act of high treason and every overthrow of elected govt had SC's approval. This is not going to be any exception if the establishment gives a nod.
@Sonya: Who says NS is corrupt??
Pakistani nation is exceedingly losing trust on the rudimentary and yellow judicial system - it is on the SC how they want to regain the public trust - first by disqualifying the fake individual occupying the PM chair, honestly administer the JIT proceedings on the elections fraud - reconstruct the judicial system.
Go Nawaz Go.........