"The same full bench also adjourned
hearing till June 14 of a petition against
challenging the appointment of
Article 103(1) of the Constitution of Pakistan, states "The Governor shall
not hold any office of profit in the service of
Quote: Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan orders in the case of Cr. R.P.44 and 230 of 2003 that Criminal Review Petition No. 44 of 2003, which was allowed on the following terms "iii) because the Courts are required to do justice though the heaven may fall.”
Plea against Malik referred to CJ for larger bench
By Our Staff Reporter
Friday, 28 May, 2010
Earlier, Justice Ijaz admitted the petition for a regular hearing and also
directed a deputy attorney general to place on record the notification about
the presidential pardon to former two-time Prime Minister Nawaz Sharif.
The deputy attorney also produced a copy of the notification of pardon to
Rehman Malik by President Asif Ali Zardari and defended the act giving example
of former president Rafique Ahmad Tarar, who had also exercised his powers
under article 45 of the Constitution while granting remission to Nawaz against
his conviction.
The interior minister, through his counsel, also filed a written reply stating
that the president had set aside his conviction while accepting his mercy
appeal.
The reply said a summary of his pardon was moved by the law ministry to the
prime minister and the president acted on the PM's advice.
Challenging the filing of a petition against his pardon, Malik said the
petition was non-maintainable as the petitioner had no locus standi being not
an aggrieved party.
He requested the court to dismiss the petition saying the exercise of
constitutional powers by the president could not be agitated before courts.
The petition was filed by Imtiaz Rasheed Qureshi of the Save Judiciary
Committee through his counsel, Barrister Farooq Hasan.
Pleas against Zardari: A full bench of the Lahore High Court on Thursday
granted time to a four-member legal panel of President Asif Ali Zardari to file
a written reply on petitions against the president.
The legal panel comprising senior lawyers, S.M Masood, Talib Rizvi,
Saif-ul-Malook and Ramzan Chaudhry, could not advance arguments on Thursday due
to lawyers' strike against the murder of a lawyer in the sessions court on
Wednesday.
One of the president's counsels, S.M Masood, however, termed petitions against
the president a baseless litigation saying these were aimed at deflecting
attention of the masses from real issues prevailing in the country.
Mr. Masood said one of the petitioners objected displaying of Benazir Bhutto's
picture in the president house by Asif Ali Zardari. "She was the mother of his
children and he had every right to display her photo in his house," he added.
Defending the said issue, the counsel said that Asif Ali Zardari being
president of
The full bench headed by Justice Ijaz Ahmad Chaudhry adjourned further hearing
on petitions till June 14.
Petitions were filed by AK Dogar advocate of the Pakistan Lawyers Forum,
Engineer Ghulam Jillani and Asif Mehmood Khan Advocate.
They had taken the plea that President Asif Ali Zardari was holding the office
a political party in violation of article 41 (1) of the Constitution.
Meanwhile, the same full bench also adjourned hearing till June 14 of a
petition against challenging the appointment of Punjab Governor Salman Taseer
on the grounds that he was the director of certain companies which disqualifies
him from being governor under the Constitution.
The hearing was postponed owing to strike of lawyers. This petition was filed
by Mian Waqas Riaz, the chief executive of Haseeb Waqas Sugar Mills.