Dual office case: LHC turns down govt plea to become party in case
The bench adjourned further hearing in the contempt matter till next Friday (Sept 21).
LAHORE:
A larger bench of the Lahore High Court on Friday turned down the federal government’s plea to become party in the contempt of court petition against President Asif Ali Zardari for continuing to hold dual offices. However, the bench allowed it to become a pro forma respondent in the petition.
The bench, headed by Chief Justice Umar Ata Bandial, also observed that the government’s counsel will not be allowed to discuss the merits/demerits of the case against President Zardari. However, the court would hear its submissions if the counsel deemed it necessary.
Senior lawyer Wasim Sajjad, who represented the federation, opposed the court’s decision, but the chief justice did not entertain his argument.
The four-member bench resumed proceedings on the contempt of court petition taking up the civil miscellaneous application filed by the federal government and asked Advocate Sajjad to advance his arguments.
The federation’s counsel tried to convince the court that allowing them to become party in the contempt case was necessary for the federation, as the president of Pakistan was a symbol of the federation and a part of parliament.
Sajjad added that the federation was made party in the main petition against the president and therefore it should be allowed to become a necessary party in the contempt of court petition as well.
After hearing initial submissions of the government’s counsel the bench issued notice to the petitioner to file a reply on the application.
Advocate AK Dogar, the petitioner’s counsel, received the notice the same moment and expressed his willingness to oppose the application.
Opposing the government’s plea, Advocate Dogar argued that the contempt of court petition was not filed against the office of president but against Asif Ali Zardari. He said in a contempt matter only the guilty party was to defend the charges and no other person or party had the right to defend the charges or become party in the case. Dogar went on to say that even the presence of the attorney general was not required in the case.
Advocate Sajjad interrupted the petitioner’s counsel and said that if a writ petition could be filed against a private person (Zardari) then the federation could also be allowed to become party in the case. He said the results of the instant litigation will affect not only Zardari, but would have far-reaching implications on the whole country.
With court’s permission the attorney general Irfan Qadir also made his submissions and urged the court to halt proceedings on the contempt matter. The bench adjourned further hearing in the contempt matter till next Friday (Sept 21).
Published in The Express Tribune, September 15th, 2012.
A larger bench of the Lahore High Court on Friday turned down the federal government’s plea to become party in the contempt of court petition against President Asif Ali Zardari for continuing to hold dual offices. However, the bench allowed it to become a pro forma respondent in the petition.
The bench, headed by Chief Justice Umar Ata Bandial, also observed that the government’s counsel will not be allowed to discuss the merits/demerits of the case against President Zardari. However, the court would hear its submissions if the counsel deemed it necessary.
Senior lawyer Wasim Sajjad, who represented the federation, opposed the court’s decision, but the chief justice did not entertain his argument.
The four-member bench resumed proceedings on the contempt of court petition taking up the civil miscellaneous application filed by the federal government and asked Advocate Sajjad to advance his arguments.
The federation’s counsel tried to convince the court that allowing them to become party in the contempt case was necessary for the federation, as the president of Pakistan was a symbol of the federation and a part of parliament.
Sajjad added that the federation was made party in the main petition against the president and therefore it should be allowed to become a necessary party in the contempt of court petition as well.
After hearing initial submissions of the government’s counsel the bench issued notice to the petitioner to file a reply on the application.
Advocate AK Dogar, the petitioner’s counsel, received the notice the same moment and expressed his willingness to oppose the application.
Opposing the government’s plea, Advocate Dogar argued that the contempt of court petition was not filed against the office of president but against Asif Ali Zardari. He said in a contempt matter only the guilty party was to defend the charges and no other person or party had the right to defend the charges or become party in the case. Dogar went on to say that even the presence of the attorney general was not required in the case.
Advocate Sajjad interrupted the petitioner’s counsel and said that if a writ petition could be filed against a private person (Zardari) then the federation could also be allowed to become party in the case. He said the results of the instant litigation will affect not only Zardari, but would have far-reaching implications on the whole country.
With court’s permission the attorney general Irfan Qadir also made his submissions and urged the court to halt proceedings on the contempt matter. The bench adjourned further hearing in the contempt matter till next Friday (Sept 21).
Published in The Express Tribune, September 15th, 2012.