ECP reconstitution: Qadri’s petition hearing adjourned until Wednesday

ISLAMABAD: Supreme Court Chief Justice Iftikhar Muhammad Chaudhry in his observation told Dr. Qadri, the petitioner that anyone on a visit to Pakistan on Pakistani passport doesn’t become a Pakistani, Article 5 of the constitution demands loyalty to Pakistan, your loyalty would be questioned if you attack constitutional institution and do politics.

CJ said that after July 31 verdict, martial law cannot be imposed even if someone intends to.

SC three-member bench hearing of Dr. Tahirul Qadri’s petition against the Election Commission of Pakistan (ECP) has been adjourned until February 13.

Dr. Qadri as directed submitted his comprehensive reply relating to the right to file petition, legal justifications and about the holding of his dual nationality.

After having reviewed the reply, Justice Sheikh Azmat pointed out to Dr. Qadri that you haven’t provided the copy of your Canadian citizenship application form, while Justice Gulzar Ahmad said that the copy of the oath taken in Canada by you has also not been attached.

Dr. Qadri replied that my oath of Canadian citizen ship was not a matter of this case.

Chief Justice Iftikhar Muhammad Chaudhry reminded him that whatever we will ask, it was your constitutional responsibility to reply.

“You are not a common man, you are Sheikul Islam-- you have been giving lectures on religion in 90 countries—you took oath of loyalty to the British Queen”, CJ remarked.

CJ further said that you travel abroad as Canadian citizen and use Pakistani passport only for visiting Pakistan—Pakistani is one who identifies himself as Pakistani in any parts of the world—he should stand in any region even in the North Pole as Pakistani—you took oath of the loyalty to another country—you have taken oath of allegiance to the British Queen Elizabeth II and her descendants.

Dr. Qadri said that dual national is ineligible for the membership of the parliament, but not barred to vote.

One who is a voter and knows that he can’t be parliament member, still he could challenge the constitutional institution, CJ inquired.

Justice Gulzar Ahmad inquired when is he going back to Canada?

Dr. Qadri replied he is very much here, he is not going anywhere. “I am a Pakistani and can give up Canadian citizenship whenever I wish”, he further said.

Justice Gulzar Ahmad inquired that any one who comes to meet his family in Pakistan and then goes back, whether that person can take part in the country’s politics and other activities?

Continuing his observations, Justice Gulzar Ahmad said that you have come here to take part in Pakistani politics, which could not be allowed---such activities could not be allowed that disturbs the entire country.

CJ inquired which court verdicts as reference you are relying upon in support of your claim, the ones you have referred, they are mere ground not the verdict, it holds no matter giving access to justice.

Dr. Qadri took the stance that he has submitted petition of quo warranto.

CJ remarked that you have filed petition under Article 184 (iii), which doesn’t fall within quo warranto and added quo warranto doesn’t come within SC jurisdiction, you will have go somewhere else.

CJ said that after July 31 SC verdict, even if some one intends, martial law cannot be imposed. The court has blocked the road to martial law. “That petition was from black coats and black ties, they never went to Masqat or Kabul and said they are Canadian citizen.

ECP was constituted after the 20th Amendment---you arriving Pakistan in December asking for the dissolution of ECP in February”, CJ said.