SC seeks response from Imran, Qadri today
August 21, 2014
A five-member larger bench of the apex court, headed by Chief Justice Nasirul Mulk and comprising Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Mian Saqib Nisar and Justice Asif Saeed Khan Khosa heard the constitutional petition filed by the Supreme Court Bar Association (SCBA) seeking the apex court’s direction that no authority or state functionaries be to take any extra-constitutional steps in the prevailing political situation of the country.
The court issued notice to Imran Khan and Dr Tahirul Qadri for today (Thursday) in an identical petition, filed by President High Court Bar Association, Multan Bench Syed Tahir Shah Bukhari praying for restraining PTI chief Imran Khan and PAT chief Dr Tahirul Qadri from taking out illegal processions and trespassing of prohibited zones including the Constitution Avenue, offices of foreign missions, Pakistan Secretariat offices legally banned for conducting every sort of marches including dharnas and civil disobedience by offending public peace and tranquility in any manner.
During the hearing, Supreme Court Bar Association (SCBA) Kamran Murtaza sought adjournment of the matter saying his legal team was not able to attend the court due to sit-in of both the parties in front of the Parliament.
He informed the court, bar associations of different high courts would also file petitions over the present political scenario in the country. Meanwhile, President High Court Bar Association Multan Syed Tahir Shah Bukhari drew the attention of the court towards his petition filed under Article 184 read with 187 of the Constitution making five respondents including Imran Khan and Dr Allama Tahirul Qadri.
He further submitted that he had also made Federation of Pakistan through Secretary Cabinet Division, Secretary Law and Parliamentary Affairs and Federal Secretary Interior as respondents besides requesting the court to direct the administrative and constitutional heads in the country to perform their function in accordance with mandatory provisions of the Constitution and might be restrained from taking any unconstitutional step in the garb of present political turmoil.
Justice Mian Saqib Nisar, another member of the bench however observed that the court would not interfere in the political matters but would only look into the fundamental rights. He, then, questioned if anyone had the right to lead a crowd inside the Supreme Court. “There’s a limit to everything,” Justice Saqib remarked.
Attorney General Salman Aslam Butt while appearing before the court contended that Imran Khan and Dr Tahirul Qadri were addressing and passing resolutions and were demanding removal of legitimate government.
He submitted that any effort to remove the government through power was illegal and unconstitutional adding that the sit-in by the PTI and PAT to oust the present regime was the violation of Article 18, 19 and 20.
He cited cases of former prime minister Benazir Bhutto and Wali Khan saying that in these cases, the word public order was used. He further submitted that in Benazir Bhutto’s case, it was held that an elected government could not be removed through illegal means.
He contended that exactly the same situation existed today wherein Imran Khan and Dr Tahirul Qadri were demonstrating in front of the Parliament House, demanding resignation of the legally and constitutionally elected prime minister.
Justice Jawwad S Khawaja, a member of the bench, however, observed that there was a constitutional procedure to remove a government saying any other course of action would create chaos in the country.
Meanwhile, the court issued notice to all the respondents in the instant matter and adjourned the hearing till today.
