SC issues notices in Zafar Ali Shah’s petition. PHOTO: AFP
The top court has issued notices to all respondents over the Pakistan Muslim League-Nawaz (PML-N) leader’s plea against the return of the Pakistan Tehreek-e-Insaf (PTI) lawmakers to parliament.
The three-judge bench of the Supreme Court, headed by incoming chief justice Anwar Zaheer Jamali, on Wednesday took up PML-N’s former Senator Zafar Ali Shah’s appeal against the Islamabad High Court (IHC) order.
Zafar Shah had filed a petition before the IHC, seeking the disqualification of the PTI lawmakers who had resigned from their seats last year. However, the then National Assembly Speaker Ayaz Sadiq had not accepted the resignations submitted during the PTI’s 126-day long dharna last year, protesting alleged rigging in the 2013 general elections.
In the plea, the petitioner requested the court to accept the writ petition and declare all the PTI MNAs, who voluntarily tendered their resignations before the NA speaker, as former lawmakers.
Additionally, the PML-N leader prayed that the speaker national assembly may be directed to send the notification regarding the vacation of the seats following the resignations of the PTI members. He further prayed that the Election Commission of Pakistan may be directed to announce schedule of by-elections of the seats.
During the hearing, the newly appointed chief justice asked as to why the political matters are being brought before the court. However, Zafar Shah stated that this is a political matter which could not be resolved without the interference of the court.
Furthermore, the petitioner requested the court to restrain secretary National Assembly from issuing any cheque and any financial benefits to the PTI members who had resigned.
However, the IHC judgment stated: “It is the exclusive domain of the speaker, independently and judiciously, to apply his mind when deciding on the resignation of a legislator. Neither can this court usurp the powers vested in the speaker, nor make him go through the rigours of adducing evidence in the court, inevitably expressing a lack of respect for the office of the speaker and the representative forum of the people of Pakistan i.e. the National Assembly.”
This is clearly hit by the doctrine of political question, it added.
The judgment, referring to the petitioner, also noted that only the candidates of the concerned seat may challenge the election of a returned candidate, with evidence, beyond the shadow of doubt.
In such a case, the judgment noted, the court must protect the interests of a lawmaker’s constituents who may be affected by his resignation.
The bench, however, issued notice to AGP and adjourned the hearing for an indefinite period.
Published in The Express Tribune, September 10th, 2015.
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