Different rules for different people AGAIN as under Article 62: Supreme Court refuses to entertain P

khawaja07

Councller (250+ posts)
ISLAMABAD: The Supreme Court (SC) of Pakistan on Monday refused to entertain Pakistan Tehreek-e-Insaf’s (PTI) plea regarding the disqualification of Prime Minister Nawaz Sharif under Article 62-F of the Constitution. However, an appeal was filed challenging this order.

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.

Source
 
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Nice2MU

President (40k+ posts)
یہ رجسٹرار تو وہی افتخار چودھری کا چمچہ ہے جو معلوم نہیں ملازمت میں کتنی مرتبہ ایکسٹینشن لے چکا ہے؟
 

Dr Adam

Prime Minister (20k+ posts)
Another SAD day for the PEOPLE of Pakistin in the tainted judicial history of the country. Wow! these court functionaries are the self appointed custodians of the justice system in Pakistan. Can happen only in Pakistan.....!!!
 

Politcs

Minister (2k+ posts)
Supreme court can not take action against anything happened inside parliament. In Bangladesh speaker got killed by a member and supreme court refuse yo take that matter. Parliament proceedings do not stop or punish people on what they say.
 

deathchallenger

MPA (400+ posts)
Khair Petition to Arsalan Iftikhar ki bhi pending parii hai. Ho hi jaye ab faisla ke kon is qaum se jhoot bol raha hai Nawaz Shareef ya phir Tyrian Khan ke Daddy Imran Ullah Masood. Lets see.
 

Eurotrade24

Banned
Supreme Court Pakistan is a safe heaven for all corrupts. Corrupts help other corrupts to stay in regime so that their business can run as well.
 

hesham296

MPA (400+ posts)
These courts are here to serve sharif family not Pakistani nation. Kill all these basterds and start from cheap justice
 

wahreh

Chief Minister (5k+ posts)
Thats the law but PTIians cant understand these things. They are under educated, narrow minded thugs

Supreme court can not take action against anything happened inside parliament. In Bangladesh speaker got killed by a member and supreme court refuse yo take that matter. Parliament proceedings do not stop or punish people on what they say.
 
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