PM disqualification: Short on time, SC adjourns hearing to Thursday
During the short session, the three-judge bench of the top court, headed by the SC’s senior most judge Justice Jawwad S Khawaja, on Monday observed that the petitioners may file an application to the chief justice of Pakistan regarding the constitution of a larger bench in this case.
Three petitioners are seeking the premier's disqualification under Article 62 (f) of the Constitution -- contending that the prime minister had recently given a ‘false statement’ in the National Assembly regarding the involvement of the Army chief in negotiating with the leaders of protest camps currently set up in Islamabad.
The petitioners have contended that Nawaz was also involved in matters related to the attack on the Supreme Court, as well as going abroad for ten years after signing a pardon agreement with former president Pervez Musharraf, but denied making such an agreement.
Justice Mushir Alam and Justice Dost Muhammad Khan are the other members of the bench.
Justice Mushir Alam during the brief hearing on Monday asked counsels for the applicants to come prepared on Article 68, 69 and 95 of the Constitution along with their implications on the next date of the hearing.
It is to be noted that Article 69 says that Parliament’s proceedings cannot be in question in any court of law.
The petitions, filed by Pakistan Muslim League-Quaid (PML-Q) chief Chaudhry Shujat Hussain, Pakistan Tehreek-e-Insaf (PTI) leader Ishaq Khan Khakwani and one lawyer Gohar Nawaz regarding the disqualification of the prime minister.
Earlier, the Lahore High Court (LHC) on September 8 rejected Gohar Nawaz’s plea on the same matter – which he has now challenged in the apex court.
On Monday, the SC observed that as one member of the bench is part of a larger bench being assembled at 1:00 pm, the case will be taken up on Thursday, October 2.
Gohar Nawaz, one of the applicants in this case, has requested the bench to constitute a larger bench for hearing the matter related to the disqualification of the prime minister. For this, Gohar has been asked to file an application.
Justice Jawwad S Khawaja told him that he may file an application to the CJP because it is his prerogative to form a larger bench in any matter.
He also asked the counsels for petitioners to get the transcript of the prime minister’s August 29 speech in question from the Parliament Secretariat in view of Article 19-A of the Constitution, rather than relying on print media reports.
Background
PTI and PML-Q had earlier moved a petition in the apex court under Article 184 (3) of the Constitution, seeking the disqualification of Prime Minister Nawaz Sharif under Article 62-F of the Constitution.
The PML-Q chief stated that Nawaz, himself, had demanded the resignation of former prime minister Yousaf Raza Gilani in the past.
Khakwani submitted the petition against Nawaz on September 2 through his counsel advocate, Irfan Qadir, citing his reason as the controversial statement made on the floor of the House regarding the role of army in the political crisis.
Monday was the first hearing of the case. On Friday, Chief Justice Nasirul Mulk had heard the PTI leader’s appeal against the registrar office’s objections in his chamber. Advocate Qadir appeared before the chief justice, and contended that the registrar has no power to decide whether the petition is maintainable or not.
After hearing the arguments, the CJ on Friday set aside the registrar office's objections and fixed the case for preliminary hearing.
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@Amanullah Khan You answered your question, "Time-pass Case". There is a sensitivity around topic so Court is entertaining but there is just no legal basis. Actually, just taking this case is opening up court to millions of false lawsuits, where one thinks other lied in Parliament. It will not go any where not because Court belongs to N but there is just not legal basis/
This is a time-pass case. As per article 69 of the constitution, any matter said in the National Assembly can not be questioned in any court of law. Then why did the judges wasting time on this case? The judges are trying to show that they are more powerful than the PM?
The way the present SC is behaving we see that the Govt has been put on the defensive. Fundamental rights of the dharnis are protected while they disturb the fundamental rights of others, including free access to govt. functionaries. The sit-ins have caused tremendous loss to Pakistan as foreign dignitaries are unable to come to Pakistan because of the security situation. The SC is clueless on how to save Pakistan from the threats that are being posed to its viability.
Plan B in motion.
Imran khan and tahir ul qadri should be disqualified and exiled from pakistan for making pakistan a mockery. If this case goes ahead, then a case against imran khan for his daily lies on top of his container shoule be case enough for his disqualitifcation. Tahir ul qari's story about his dreams is another case where he should be disqualified. Imran's lies about his daughter. Imran's playboy style is not ameen.
@pakpatriot: 4 consecutive terms ? After 20 years of governments like this one and the last one pakistan will be in the stone ages.
In a country where certain land mafia pays regularly to media houses, politicians are known to getting 10% commissions, media houses are funded by external forces, We are seeking disqualification that PM is not sadiq and Ameen due to mis-statement on assembly floor. Isnt there any corruption against him which can be proved? Where are all those claims Khan has made repeatedly for NS being corrupt. If even 1% of them are correct, NS can be disqualified.
People at PTI and PaT Dharna N jalsas are In favor of disqualification of PM and Parliment but all people who are at home not in dharna N jalsa R with Our Democratic PM, N with Pakistan who are not in hazarooo but in karooroo..!!
@pakpatriot Yes,in order to save 'democracy'; we truely want to live as slaves under family dynasties of the Sharifs and Bhuttos!
RO IMRAN RO , DAILY, PLEASE TRY TO GIVE SPEACH THREE TIMES A DAY
Time for PML N Corrupt leaders is over..
It is humbly suggested that whole nation should approached the Supreme Court of Pakistan regarding the disqualification of False PM on giving the False statement in the National Assembly. It is most appropriate time to get red of this evil.
Go Nawaz Go.....
The fruit of democracy shoult be evaluated after consecutive 4 democratic tenures,, we Pakistani believe that judiciary will never be a part of London Plan...!!