The Sindh High Court (SHC) has adjourned the hearing of a petition challenging President Asif Ali Zardari's dual offices.
Notices had been issued to President Zardari, Senate Chairman Farooq H Naik, Speaker of the National Assembly, Attorney General and other stakeholders in this regard. The hearing was adjourned due to the absence of respondents.
Updated from print edition (below)
Zardari’s dual offices: Full bench to hear case in SHC
A full bench of the Sindh High Court (SHC) was constituted to hear a constitutional petition challenging the dual offices held by Asif Ali Zardari as the president of Pakistan and co-chairman of Pakistan Peoples Party (PPP).
The bench comprises Justice Mushir Alam, Justice Gulzar Ahmed and Justice Maqbool Baqar and will hear the petition today (Wednesday).
Pre-admission notices had been issued to President Asif Ali Zardari, federal law minister and attorney general of Pakistan on Nov 11 by a division bench of the SHC, comprising SHC Chief Justice Sarmad Jalal Osmany and Justice Salman Hamid in the petition, which was filed by a senior lawyer Rasheed Ahmad Akhund.
The petitioner submitted that the president is the figurehead and a symbol of the state, while the prime minister is the chief executive of the federation and the president is bound to act under the advice of the PM.
The president, under the Constitution, cannot intervene in the functions of the PM, but, contrary to this, the president is controlling the functions of the federation without the advice of the PM.
This, he contended, is a violation of Article 5 as well as Article 42 because by intermingling the two offices, he (President Zardari) renders political speeches and criticises the opposition sometimes directly as the president and at other times as the party co-chairman. He added that Zardari has held innumerable meetings with the workers and leaders of PPP at the President House, and it is unclear as to when he’s acting as the president or the co-chairman of PPP.
The petitioner urged that President Zardari should be refrained from intervening in the functions of the prime minister and should give up his position as co-chairman of PPP to uphold the Constitution, his oath and the sanctity of his office.
The petitioner further maintained that Law Minister Babar Awan had maligned and lowered the dignity of the superior judiciary in a statement in Lahore.
The petitioner asked the court to issue a contempt notice to Awan. He further requested that Awan should be restrained from doling out millions of rupees from government funds to selective bar associations.
Akhund, responding to the issue of maintainability of the petition, submitted that immunity is not available in the case where it has been specifically pleaded that the president is not acting in accordance with the Constitution.
The bench, after hearing the arguments of the counsel for petitioner, said the issue of maintainability would be decided along with the main petition. Arguing on merit, the petitioner, had said that it was a public interest litigation.
The bench ordered the issuance of pre-admission notices for November 24 against President Asif Ali Zardari, the law minister, federal law secretary and others, besides the Attorney General.
Published in The Express Tribune, November 24th, 2010.
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