A five- judge bench of the apex court is set to hear the plea of Supreme Court Bar Association (SCBA) on Wednesday, Attorney General for Pakistan (AGP) Salman Aslam Butt said in a special meeting with prime minister Nawaz Sharif to discuss the prevailing situation.
An insider told The Express Tribune that the government is interested in the idea that the court should intervene in the ongoing political crisis.
Lahore High Court Bar Association Multan bench moved a fresh petition in the apex court on Tuesday, nominating Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) as respondents.
A senior lawyer revealed that in view of his plea, the court may issue notices as early as Wednesday to both parties to redress their grievances. He added that the court may even form a special bench to hear all PTI’s reservations regarding the elections.
SCBA president Kamran Murtaza said that the top court proceeding on Wednesday will be quite. He, however, expressed apprehension that judges may not even be able to reach the SC as the protests move into the Red Zone.
Submitting reply over SCBA president’s plea, the federal government has contended that demands made by the chairmen of PTI and PAT respectively are not only unconstitutional but they are threats, with the intent to shut down of normal life in the country and functioning of the federal government in general.
The reply is submitted by Deputy Attorney General Sajid Ilyas Bhatti in the apex court on Tuesday stated that Imran Khan, who is a member of the National Assembly, made a virulent and seditious speech and declared the launching of civil disobedience movement against the federal government in express defiance of his Constitutional oath.
“This unfortunate and regrettable speech and the launching of civil disobedience movement by a political party which has been registered under the laws of Pakistan (Political Parties Ordinance Order 2002) read with the Constitution is predominantly against the integrity, sovereignty and security of Pakistan and is a clear violation of Articles 4, 5, 7 and the oath of the members of Provincial and National Assemblies as prescribed under the Third Schedule of the Constitution”
It is stated that the illegal and subversive activities of those political parties which includes strikes, processions and protests have caused uncertainty and financial loss of over Rs400 billion in the stock market.
“Public property worth millions of rupees has been destroyed by the workers of PTI and PAT, despite repeated express verbal and written assurances given by the leaders of these political parties for carrying out peaceful marches. In addition, important events and meetings planned out during the interregnum of these protest movements had to be postponed and in certain instances cancelled. Some of these events include the planned visit of Sri Lanka President scheduled for August 21, 2014 and IMF mission due for periodic review of international contractual obligations in Islamabad. Postponement of such events arc not only restricting the usual functioning of the government but also sending adverse signals viz-a-viz perceptions of international community about Pakistan."
The government says that presently, the armed forces of Pakistan are engaged in a historical operation against terrorists, Zarb-e-Azb in order to restore the writ of the Constitution and law, the actions of whom have till to date inflicted unprecedented tosses to life and property over the last 10-11 years, including among other things, loss of approximately 60,000 comprising 5,500 security personnel in addition to $104 billion in collateral damages.
The reply added that no political party or organisation can become complainant, prosecutor, judge and jury in one at the same time to paralyse the entire country, government, industry, commerce and trade in the entire state and to prevent the citizens not in sympathy with its view from exercising their fundamental rights or from performing their duties for their own benefit or for the benefit of the state or the Nation.
“The Petitioner’s apprehensions relating to violation of the fundamental rights of the people at large and the affected areas in the particular areas (by the local traders and business community) due to the Long/Azadi/Inqilab marches and dharnas having unconstitutional and illegal object, have been accentuated by the declared pronouncement by the PTI and PAT leaders about entering into the Red Zone and civil disobedience movement, thereby raising important questions of great pubic importance qua the interpretation of Constitution and the law which require a determination by the Honourable Court”, the reply added.
COMMENTS (17)
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@Khalid Rahim: Well Said! I was wondering too why China went into background and India came forward with full force in Pakistan. God knows if he stays in power what contract for our land, water and air are signed with India. Money is not an issue with Sharif brathran.
The Sharif family of Raiwind has enough wealth to grease the palms of the members of the Parliament and the Bar Association of Pakistan. I will not comment on the Supreme Court. I wonder what promise Nawaz Sharif made to US Administration for which he got support to stay in power. a) To improve ties with India placing Kashmir in the cold storage. b) Allow IAEA team to inspect the working of SPD. c) To derail the Economic Corridor with China thus preventing participation of Iran. d) Allow US operatives to function freely in Pakistan. I wonder is he without perception or his self-conceit prevents him from seeking Truth.
No One, except PMLN will get "Just-Us" from the Punjab Courts. It's an established fact. No wonder they have been calling all their opponents to "come to courts" while Corruption & Criminal cases on them are in Pending Forever.
This govt is made up of cowards and incompetents! They don't want to make serious decisions and try to hide behind the judiciary. They wanted to prosecute Musharraf but made up a lame excuse that the SC told them to do so. Now they want the SC to keep PTI and PAT away. If you cannot govern then leave it to those who can.
"A five- judge bench of the apex court is set to hear the plea of Supreme Court Bar Association (SCBA)". Does that mean the lawyers have made a decision to side with PMLN? It appears PTI/PAT's call of injustice by the courts is true! If Bar Associations are siding with a political party than how can one expect PTI/PAT to get fair justice from the courts? It's time for Lawyers and Judges to be accountable as well! Fool me once shame on you, fool me twice shame on me!
If honourable Deputy Attorney General believes demands of PTI & PAT are unconstitutional than likewise intervention by SC is also unconstitutional as the current political impasse is a political matter that should only be resolved by political dialogue!
I feel that the Prime Minister sought the advise of his friend the Ex- Chief Justice of Pakistan Iftikhar Chaudhry who feels that the judges he appointed to the Supreme Court will return the favor he bestowed upon them. The present Chief Justice is known for following Principles. A wise decision from the Apex Court would be re-election through the armed forces.
PMN L government wants to perry away the problem by outsourcing it to either Army or Supreme Court. Yesterday it disarmed Police and wanted Army to come face to face with procession with ulterior motives However army obliged by not obliging them. Now they want Supreme Court to come for their rescue which they should being on same page on the eve of election. However the problem is that Supreme Court has already lost its moral ascendency. Iftikhar Ch tried to run Judiciary on whims than rule of Law & subsequently it followed the suit. LHC three different decision in same type of case further dented its impartiality. In such a situation, Supreme Court can cause alienation than settling the issue. End of the day people believe that elections were gigged under a trio of PML N, Iftikhar ch & media group
The operation started just this year? Where was the government, who could have given executive orders to investigate the rigging, when the complains were filed last year and were not being answered for 14 Months!!!! oh SC please keep out of it! We all know the efficiency of your deliverable! We are granted life but once only!
Please please, have heart, don't drag Higher Judiciary and especially new Chief Justice into bad politics of our country.Thanks..................
Go Nawaz Go Go Nawaz Go ............................ We cant be ruled by your family any more
Sadly, Iftekhar Chaudry is not there this time to "Help Out" Nawaz Govt.
Our entire resources will be only $104 billions. Then how could they make up this amount as loss .
SC should keep out of a purely political dispute.
While only the Chief justices are changed the SC has become docile and pacifist after the coalition govt of ANP, PPP and MQM. They were bent upon making the pervious govt fail now is the time for the same judges to do something beneficial to the country. They had sent three working CJ of various HC and a large bench for an unsigned and undated piece of paper but now the whole country can be on fire and the HC and SC are watching. I am not taking sides but the SC should move quickly and make some decision to defuse the tension.
Butt to the rescue !
This is a political crisis, therefore, it needs to be resolved politically. Please do not drag Supreme Court in to this mess. Nawaz Sharif you claim to be a leader of Pakistan but you lack courage to lead. Putting your ego before the will of people of Pakistan is a recipe for disaster.