PM’s disqualification: LHC issues notices over rejection of reference

Notices sent out to federal government, ECP and NA speaker

LAHORE: Punjab’s top court has issued notices to the federal government, ECP and National Assembly speaker for the reference dismissed by Ayaz Sadiq asking for the prime minister’s disqualification.

LHC Chief Justice Syed Mansoor Ali Shah sent out the notices on Thursday in view of a plea filed by Ashiq Hussain, a member of Pakistan Justice and Democratic Party. The Party is led by the former chief justice Iftikhar Muhammad Chaudhry

Hussain argued that the speaker’s decision to dismiss the reference was a violation of the Constitution and judgments of the apex court. He said that the speaker dismissed the reference without citing any reason as required by the Constitution.

The counsel argued that the speaker was supposed to forward the reference to the ECP after a bare perusal of it. He added that Sadiq acted beyond his powers and dismissed the reference.

Hussain also argued that every individual is bound to disclose their sources of wealth and cited a number of Supreme Court judgments. Therefore, he added, that Prime Minister Nawaz Sharif and his family were bound to declare the sources of their offshore assets.

The petitioner argued that the court should ask the speaker to take back his decision and order him to forward the reference to the ECP.

Deputy Attorney General Naseer Ahmad Bhutta told the court that the petition was not maintainable and should be dismissed. Bhutta argued that the acts of parliament could not be challenged before the court.

To this the Chief justice said the Speaker’s act was administrative in nature and the court could review it.  The respondents have been asked to submit their detailed replies by October 27.

Published in The Express Tribune, October 7^th, 2016.