Dual office case: Immunity arguments at next hearing

LHC grants one-week adjournment.

LAHORE:

The Lahore High Court (LHC) has directed President Asif Zardari’s counsel to focus his arguments on whether or not the president enjoys immunity from contempt of court for not relinquishing his PPP office while retaining the presidential office.

A five-member full bench of the LHC, headed by Chief Justice Umar Ata Bandial, resumed the hearing on Monday on a petition filed by Munir Ahmed.

Both the petitioner and President Zardari’s counsel asked the court to adjourn in view of the lawyers’ strike over the sacking of the Balochistan government. While petitioner’s counsel Advocate Azhar Siddique and AK Dogar, wanted the court to adjourn for one day, Wasim Sajjad, representing the president, asked for at least one week.

The chief justice said that there was no need to adjourn the case. “The court is also in solidarity with the victims’ families, but it has also to perform its responsibilities according to the Constitution,” he asserted. Chief Justice Bandial said that the court did not want to leave a legal vacuum in this case.



He said the petitioner’s counsel had almost finished and now there were only three points that needed further discussion.

He said the respondents’ arguments must now focus on the Contempt of Court Act (COCA) 2012, nature of contempt of court proceedings and immunity of the head of the state in criminal proceedings.

Although the petitioner’s counsel sought just a one-day adjournment, the bench put off the hearing till January 22, directing Sajjad to advance arguments on the above mentioned three points or submit them in writing.

The petitioner had argued that the use of presidency for partisan political activities by President Zardari was not only illegal but also in contempt of the May 12, 2011 orders of court.

Published in The Express Tribune, January 15^th, 2013.