Stoking controversy: SC accepts Nawaz disqualification plea
Registrar’s office had raised objections on the petition
ISLAMABAD:
Hearing an appeal filed against the objections raised by the registrar’s office, the Supreme Court accepted a petition filed by Pakistan Tehreek-e-Insaf leader Ishaq Khan Khakwani seeking disqualification of Prime Minister Nawaz Sharif.
The appeal had been filed by the PTI leader against registrar’s office on September 11, after the latter had rejected the plea demanding that Prime Minister Nawaz Sharif be disqualified under Article 184(3) of the Constitution.
Khakwani, through his counsel Advocate Irfan Qadir, had submitted the petition on September 2, requesting the disqualification of Nawaz — citing as reason his controversial statement made on the floor of the House regarding the role of army in the ongoing crisis.
The SC registrar office rejected the request after raising objections on it. The registrar office raised three objections, two of which were of technical nature while the third was legal.
The registrar office had objected that none of the fundamental rights of the petitioner have been violated and he has no ‘locus standi’ to file a petition for the disqualification of the PM.
It said that the premier enjoys immunity, in reply to which the petitioner submitted that the apex court has disqualified a sitting prime minister in the past.
Subsequently, Advocate Qadir again submitted the petition on September 13 after answering the objections. He also filed a request asking for speedy hearing of the case. The petitioner challenged the SC office’s objections, saying that the registrar has no power to decide as to whether the petition is maintainable or not.
“The SC’s office order runs contrary to a plethora of judicial precedents of recent years of the post-restoration period of former chief justice 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 SC itself with further directions to the Election Commission of Pakistan to de-notify those holders of public office”, the appeal stated.
“The question of maintainability is to be decided by the Supreme Court in terms of Article 184(3) of the Constitution of Islamic Republic of Pakistan. In the instant case, the institution officer has assumed upon himself the functions of the Supreme Court”, the PTI leader’s appeal says.
Published in The Express Tribune, September 16th, 2014.
Hearing an appeal filed against the objections raised by the registrar’s office, the Supreme Court accepted a petition filed by Pakistan Tehreek-e-Insaf leader Ishaq Khan Khakwani seeking disqualification of Prime Minister Nawaz Sharif.
The appeal had been filed by the PTI leader against registrar’s office on September 11, after the latter had rejected the plea demanding that Prime Minister Nawaz Sharif be disqualified under Article 184(3) of the Constitution.
Khakwani, through his counsel Advocate Irfan Qadir, had submitted the petition on September 2, requesting the disqualification of Nawaz — citing as reason his controversial statement made on the floor of the House regarding the role of army in the ongoing crisis.
The SC registrar office rejected the request after raising objections on it. The registrar office raised three objections, two of which were of technical nature while the third was legal.
The registrar office had objected that none of the fundamental rights of the petitioner have been violated and he has no ‘locus standi’ to file a petition for the disqualification of the PM.
It said that the premier enjoys immunity, in reply to which the petitioner submitted that the apex court has disqualified a sitting prime minister in the past.
Subsequently, Advocate Qadir again submitted the petition on September 13 after answering the objections. He also filed a request asking for speedy hearing of the case. The petitioner challenged the SC office’s objections, saying that the registrar has no power to decide as to whether the petition is maintainable or not.
“The SC’s office order runs contrary to a plethora of judicial precedents of recent years of the post-restoration period of former chief justice 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 SC itself with further directions to the Election Commission of Pakistan to de-notify those holders of public office”, the appeal stated.
“The question of maintainability is to be decided by the Supreme Court in terms of Article 184(3) of the Constitution of Islamic Republic of Pakistan. In the instant case, the institution officer has assumed upon himself the functions of the Supreme Court”, the PTI leader’s appeal says.
Published in The Express Tribune, September 16th, 2014.