On September 13, Awami National Party (ANP) and Balochistan National Party (BNP) counsel Raza Rabbani expressed apprehensions before the five-judge bench of the apex court headed by Chief Justice Nasirul Mulk
In view of his apprehensions, the counsel had raised three questions regarding the current political scenario:
“Whether any political party or any other group could seek constitutional office bearers to disengage from office under the threat of violence or the use of force in violation of the Constitution,” the first question read.
The second question raised was: “Whether any political leader can legitimately involve the Pakistan army in his design to achieve his unconstitutional objectives by attempting to reassure his followers that the army, by a ‘yes’ or ‘no’, will determine the future course of his action.”
“Whether a political leader can misrepresent the support of the Pakistan army to their cause in public or private communications, thereby compromising the image of a national institution,” asked the third question.
Resuming the hearing of 11 petitions filed by different bar associations against any extra-constitutional move in the present political scenario on Thursday, the chief justice observed that these questions are relevant to the ongoing crisis.
The CJP also asked Rabbani if the court has already passed a restraining order about any possible extra-constitutional step in the prevailing political situation.
Rabbani, while referring to recent statements of Javed Hashmi, Aslam Beg and Gen (retd) Pervez Mushararf said these statements provide clues regarding any extra-constitutional step in the prevailing situation and endorsed his apprehensions.
He stated that ‘dictator’ (Musharraf) expects a ‘technocrat government’ to be put in place.
In view of his apprehensions, Rabbani advised the SC to adopt the policy of ‘judicial restraint’ in this matter, adding that use of force on protesters may have dreadful consequences.
Meanwhile, when several senior lawyers urged the court to pass an order regarding the clearance of protesters from Constitutional Avenue, Chaudhry Aitzaz - counsel for Pakistan People’s Party and Jamat-e-Islami – stood on the rostrum and successfully convinced the bench to not pass such an order regarding the removal of protesters from Constitution Avenue.
Aitzaz stated that the dharna (sit-in) will likely wind up after eid, therefore the court should ignore the plea by lawyers by adopting ‘judicial’ restraint.
Both counsels recommended that the bench should not determine the limits of freedom of assembly, freedom of speech etc while interrupting Articles 14, 14 and 16 of the Constitution. They suggested that the court leave this matter for the Parliament which can legislate on the issue.
Similarly, Justice Mian Saqib Nisar observed that they would not allow anyone to use SC as a laundry to clean or wash the ‘political dirt’.
Earlier, Justice Saqib was upset over the disturbance of free movement of people on Constitution Avenue. He asked PAT's counsel Ali Zafar that they had given an undertaking for clearing one side of Constitution Avenue but they have not fulfilled its commitment.
“Whether his client is aware the consequence of breaking his undertaking with the top court,” he further asked. Justice Saqib added they are receiving a number of applications regarding the adjournment of cases as lawyers all over the country said they could not go to the SC due to the ongoing political impasse.
The chief justice also said slogans were being raised against judges by the protesters. He asked the PAT counsel whether protesters should face consequences for the breaching the law or not.
The court also accepted the government’s plea for holding a hearing against the Sessions Judge (East) Islamabad’s September 3 order regarding the registration of the FIR against the prime minister, the chief minister of Punjab and others, as well as the Islamabad High Court’s decision to stop the police for arresting protesters who were involved in the attack on PTV's building.
The bench also asked its office to give the copy of the government’s plea to all respondents in this case.
The bench also decided to examine the footage of protesters’ involved in the alleged attack on PTV building and Parliament through multimedia at its next hearing.
At the onset of Thursday's hearing, Attorney General for Pakistan Salman Aslam Butt stated the government had been totally paralysed while police moral was low due to orders of lower courts.
Upon this, the bench decided to take up this issue on the next of hearing which will be resumed in the third week of October.
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@KPK Boy: You are not from KPK and if you really are then you must be blind, deaf and dumb. There have been major changes KPK under PTI. Depoliticising the Police. Right to information. Corruption brought down to the lowest possible level. New education policy, brought in the registration of 300,000 new students. Major improvements in medical care. Serious steps taken for the production of Power & Energy. Substantial improvements on commuting and transport infrastructure. This is just the tip of the iceberg. Brother get your facts straight before you write. The most corrupt Pakistani media is deliberately not giving you the right news. They hide the good news and only the bad news of KPK reaches you.
When will SC or someone audits Imran's nomination papers and his lie about his children, mentioning two vs. three. Another question from Women right advocates should be asked that why Imran hides his daughter? Is it that he is ashamed or something. Imran if has not mentioned his third child on nomination papers must be banned forever!
Disqualify them under Article 62 for all future elections.