Zardari’s two offices: LHC to hear arguments from December 5
Petitioner asks court to repeal section allowing only federal govt to initiate proceedings under Article 6.
LAHORE:
Justice Nasir Saeed Sheikh of the Lahore High Court has decided to hear arguments from December 5 on the maintainability of a petition seeking the disqualification of President Asif Ali Zardari for holding a political office while also being president and for allegedly ignoring court orders.
A full bench had referred the petition from the Jamaat-i-Islami to the single bench on November 7. The petitioner wants the court to declare that Zardari should have been declared ineligible to stand for election as president when he filed his nomination papers as he held a party office at the time. The petitioner’s counsel said that the president was carrying on with political activities while also being head of state, which was a violation of the Constitution. He said that the Pakistan Peoples Party’s core committee met regularly in President’s House, at a cost to the national exchequer.
He noted that in its recent judgment in the Asghar Khan case, the Supreme Court had stated that as a symbol of the federation, the president should be impartial and could not hold the office of any political party.
The JI counsel asked the court to declare that Zardari, as the head of a political party, should have been declared ineligible to participate in the presidential election. He also asked the court to set aside Section 3 of the High Treason (Punishment) Act of 1973, which empowers the federal government alone to initiate proceedings under Article 6 of the Constitution. He argued that the proviso violated the fundamental right of access to justice.
Published in The Express Tribune, December 1st, 2012.
Justice Nasir Saeed Sheikh of the Lahore High Court has decided to hear arguments from December 5 on the maintainability of a petition seeking the disqualification of President Asif Ali Zardari for holding a political office while also being president and for allegedly ignoring court orders.
A full bench had referred the petition from the Jamaat-i-Islami to the single bench on November 7. The petitioner wants the court to declare that Zardari should have been declared ineligible to stand for election as president when he filed his nomination papers as he held a party office at the time. The petitioner’s counsel said that the president was carrying on with political activities while also being head of state, which was a violation of the Constitution. He said that the Pakistan Peoples Party’s core committee met regularly in President’s House, at a cost to the national exchequer.
He noted that in its recent judgment in the Asghar Khan case, the Supreme Court had stated that as a symbol of the federation, the president should be impartial and could not hold the office of any political party.
The JI counsel asked the court to declare that Zardari, as the head of a political party, should have been declared ineligible to participate in the presidential election. He also asked the court to set aside Section 3 of the High Treason (Punishment) Act of 1973, which empowers the federal government alone to initiate proceedings under Article 6 of the Constitution. He argued that the proviso violated the fundamental right of access to justice.
Published in The Express Tribune, December 1st, 2012.