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August 28, 2002 Wednesday Jamadi-us-Saani 18,1423


KARACHI: Larger bench to hear Benazir’s petition



By Our Reporter


KARACHI, Aug 27: A larger bench, comprising five judges of the Sindh High Court, is being constituted at the request of the government to hear a petition of Benazir Bhutto who has challenged government measures, including amendment to article 63 (p) of the constitution, allegedly aimed to keep her out of political dispensation and electoral process.

According to court sources, the bench will be headed by the Chief Justice of the SHC, Justice Saiyed Saeed Ashhad, Justice Sabihuddin Ahmed, Justice Ghulam Rabbani, Justice Anwar Zaheer Jamali and Justice Musheer Alam. The hearing is likely to be held on Thursday.

When the matter came up before a division bench comprising Justice Sabihuddin Ahmed and Justice Ali Aslam Jafferi, Barrister Kamal Azfar and Farooq H. Naek, advocate, as got up to make their submissions on behalf of the petitioner, Attorney-General Makhdoom Ali Khan informed the court that an application had been moved before the Chief Justice for constituting a larger bench.

The application was moved by Maqbool Elahi Malik, who has been engaged to represent the federation in the case, said Mr Khan who had no objection to an early hearing.

In view of the application the bench adjourned the matter to Wednesday at 11am subject to the order passed by the Chief Justice of the SHC on the government’s application.

In the amended petition Ms Bhutto has termed the Legal Framework Order illegal and contended that amendments, especially to article 63 (p) of the constitution, are mala fide and intended to keep the petitioner out of political dispensation.

The former prime minister has prayed for enforcement of her right to contest elections to NA-207 and has challenged the Musharraf regime’s measures to keep her out of political and electoral process .






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