Dual office case: Govt seeks to become party in contempt case against president
The federal government has moved a civil miscellaneous application in the Lahore High Court to become party in a contempt case against President Asif Ali Zardari for violating court orders by continuing to hold dual offices.
The application was moved through senior lawyer Wasim Sajjad wherein he stated that the federation was made a respondent in the main petition against the president’s dual offices but not in the contempt of court petition.
He added that, under the Constitution, the president is part of the federation and the federal government could exercise its power in the name of the president; therefore, the federal government might be given permission to become party to the contempt case.
During the previous hearing, Wasim Sajjad appeared before the court on behalf of the federation; however, the petitioner’s attorneys objected to his appearance as he was not party in the contempt case.
A full bench will hear the application as well as the contempt petition today (Friday).
Published in The Express Tribune, September 14th, 2012.
COMMENTS (3)
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There is no provision in the Constitution that bars the President to hold office of a political party. Conditions of President’s office have been provided in Article 43 of the constitution. The Court is not empowered to order the President to perform an act or prohibit from doing any thing unless it is so specifically provided in the Constitution. One Prime Minster has been disqualified, another is likely to follow suit, and the President is being proceeded against despite the constitutional immunity, unequivocally provided in the Constitution. But problem is that Judiciary is overstepping its constitutional wires. The key issue is that democracy requires institutional balance and restraint rather than one state institution dominating all others, especially the elected ones. The confrontation between the elected executive and non-elected judiciary is not a good omen for democracy.
the president deliberately flouted constitution by conductinhg himself political and partisan.he has been defying judiary in every case this tantamount to contempt.he must be disqulified noe to save country
what is the purpose of courts once they can not decide on issues of national importance and pending them since long?