The Supreme Court Registrar's Office on Thursday raised objections pertaining to Article 248 on a plea seeking the disqualification of President Dr. Arif Alvi.
The Registrar’s Office objected that the president could not be made party under Article 248 of the Constitution, which states that the president, a governor, the prime minister, a federal minister, a minister of State, the chief minister, and a provincial minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective offices.
The office further said that the petition did not mention the question of public interest and fundamental rights. The petition was filed by a citizen named Imtiaz.
Moreover, it added that the points raised regarding the use of Article 184(3) of the Constitution were not satisfactory. The article maintains that for the court to have original jurisdiction on an issue, it first needs to be of public importance. Secondly, that issue must involve a violation of fundamental rights that are enshrined within the first chapter of the second part of the Pakistani Constitution.
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The petitioner did not contact any other relevant forum and did not provide reasoning for failing to do so. The office added that the name of the lawyer who drafted the petition was also not disclosed.
Earlier, the SC dismissed a petition filed seeking the disqualification of President Alvi.
A two-member bench headed by Justice Ijazul Ahsan heard the case. The petition, filed by Zahoor Mehdi, had requested that the apex court to reject the nomination papers of President Alvi.
According to the petitioner, the scrutiny of the president's nomination papers was not correct and Mehdi presented six objections regarding Alvi’s nomination papers.
He added that at the time of the presidential election, Alvi was an “under-trial accused” and was not eligible for the presidency.
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