October 26, 2001	Friday	Shaba'an 8, 1422

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ISLAMABAD, Oct 25: The Supreme Court on Thursday issued notice to the Attorney-General of Pakistan to present his views on the issues raised in the constitutional petition filed by Jamaat-i-Islami Chief Qazi Hussain Ahmed including the issue of maintainability of the petition.

The petitioner, among other points, has asked the court to define as to who is the custodian of the “national interest.” The court also issued notice to the Advocate-General of Sindh to explain the circumstances under which JI chief was barred from entering the Sindh province for 30 days.

In a constitutional petition filed on Tuesday, JI chief had demanded of the Supreme Court to direct the federal as well as provincial governments not to obstruct his free movement which was guaranteed under the constitution.

On Thursday when the petition was taken up Chief Justice Irshad Hasan Khan observed that his office had raised certain objections on the filing of the petition, but he decided to hear the case due to its “importance.”

The CJ stated that under the rules if the office had any objection to the petition, it was returned to the petitioner for removing the objection. The decision of returning the petition was challengeable before the single judge in chambers.

One of the objections, the Chief Justice observed, was that the petitioner should have approached the high court for the same relief which he was seeking from the top court of the country.

The petitioner, Qazi Hussain Ahmed, was represented by Advocate Mohammad Akram Sheikh and Sheikh Khizar Hayat.

The SC bench consisted of Chief Justice Irshad Hasan Khan and Justice Hamid Ali Mirza. The CJ announced that the petition would now be placed before a three-judge bench at an early date. No fixed date was announced.”