The Express Tribune has learnt that the SC registrar office returned a petition filed by PTI's Ishaq Khan Khakwani after raising four objections.
Filing a petition under Article 184-3 of Constitution, PTI’s attorney Irfan Qadir on September 1 had prayed to the court to disqualify the premier as a member of the shoora since he had given a ‘false statement’ in the National Assembly. The petition explained that the prime minister had asked the Army chief to act as a mediator between government, PTI chairman Imran Khan and Pakistan Awami Tehreek (PAT) chief Dr Tahirul Qadri and serve as guarantor to any agreement. However, this was contrary to facts, the petition argued.
The registrar office, though, objected that none of the fundamental right of the petitioner had been violated, therefore he has no “locus standi” (standing) to file a petition for the disqualification of the prime minister.
“Sitting Prime Minister has been implicated as a party who cannot be implicated as such under Article 248 of the Constitution,” it added.
The SC’s institution branch though recommended that the senior PTI leader can approach the proper forum for redressal of their grievances.
Later on, the petitioner while filing an appeal, challenged the objections raised, saying that registrar has no power to decide as to whether the petition can be entertained or not.
“The SC’s office order runs contrary to plethora of judicial precedents of recent years of the post restoration period of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry according to which in similar circumstances petitions were entertained against sitting prime ministers, federal ministers and parliamentarians where many of them were directly disqualified by the Supreme Court itself with further directions to the Election Commission of Pakistan to de-notify those holders of public office,” the appeal stated.
The petitioner also maintained that SC’s institution officer returning the petition, in the absence of any specific rule, has no mandate in law to hold that the petition in question as not entertain-able. Regardless, no rule whatsoever has been quoted in support of the impugned order.
He further contended that the SC’s office order is violative of the principle of ‘Audi AlteramPartem’ (hear the other side too) as the same has been passed without affording an opportunity of hearing to the appellant.
“The question of maintainability is to be decided by the Supreme Court under Article 184(3) of the Constitution. In this case, the institution officer has assumed upon himself the functions of the Supreme Court”, the appeal further reads.
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This is Pakistan where law is different for the people and different for the leaders this is why our leaders are united to protect the constitution because constitution protects leaders from prosecution....
Hazrat Allama Tahir ul Qadri is rightly saying the there is no justice in this country.
The judicial system, and especially the SC of Pakistan, are a joke. The SC has justified martial law but has never been able to convict people who are obviously criminals in the eyes of any unbiased person. The logic of the SC seems to sway according to the whims of the judges and are far from those based on the law or the constitution.
Zardari was screaming day and night that he can't be prosecuted because of article 248 but the judges kept asking to write letter and when YRG did not complied he was deseated by the SC. Today the same article 248 is protecting Nawaz Sharfi. Amazing ! BB used to say the courts have different rules for PM from Larkana and PM from Lahore.
God bless Pakistan.
S for Sharif S for Supreme
@Khurram: Even if you think IK is lying to the public that starts a whole different story but the main issue here is that NS lied in the parliament house as the Prime minister of the country and that is a very serious crime.
These courts aren't going to provide justice - how can they disqualify a prime minister who they had helped win the elections.
this was expected ..all the court under the thumb of Shareef
Buhoooooo to all PTI supporters....good decision by SC...how come Imran Khan ask for PM resignation without any rigging proofs against him?..and if he is blaming NS for lying on the floor of parliament then what about himself?...he is also lying daily in front of thousands protesters on too many things...giving one statement and then then refusing it the very next day...prompting crowd to break policemen legs, asking expats to do money transfers illegally, do not paying taxes, taking law and order in his hands...is he a politician or what?...forget about PM...he is not even fit to be a chief of any political party
SC obviously is taking sides. They don't want to be attacked a 2nd time if the same PM is held in contempt again.
Legalizing the battery of lies, deceit, and deception by the PMLN. Thank you Supreme court.
One set of rule was applied against PM Gilaniand was sent home. Here they are talking about individual rights violation. When a PM lies on the floor of the parliament, he violates whole country's rights and brings shame nationally and internationally. That person is no longer Sadiq or Ameen, so should be sent home. It's like if an Imam of a mosque lies to the public, should be fired immediately and has no right to perform Imamat.
All the major institutions of Pakistan that were completely out of balance are slowly coming into balance. The Judicial system is gaining power and respect. The parliament is trying to gain respect and authority and teeth but still weak. The military or establishment is now playing its true role of protecting Pakistan from inside and out without interfering with civil authority and following the constitution. Now the weakest area is the equal implementation of laws which are interfered with by the elite or corrupt or feudal. The law implementers will never succeed as long as they are given respect and paid respectful pay. If a beggar can earn more than a policeman how can you demand this policeman to protect your rights? Very old problem.
Super! What you shout in streets or fantasies you dram does not mean that they will come true. There has to be a rhyme and reason in society or every one will start getting what they want. The courts and law is ray of hope in Pakistan. Keep the good work up SC. Imran will threaten you, intimidate you but a Mob of 5 thousand people cant be trusted but just let them shout to the oblivion.