December 10, 2002	Tuesday	Shawwal 5,1423

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ISLAMABAD, Dec 9: The federal government has not come up with the justification for promulgating the law barring those who were defeated in the October polls to contest the Senate election.

A five-judge bench of the Supreme Court had issued notice to the federal government, the Attorney General and Advocate General of Punjab, to give reasons for enacting the law which had prohibited those from becoming Senators who had been defeated in the general elections.

The federal government was required to submit it within a week, but it has not, even after the passage of two weeks.

The court has no immediate plan of fixing the case till next month. At present, a three-judge bench is sitting at the principal seat and no five-judge bench is available till next month.

The petitioners — Javed Jabar and Ayub Khattak — challenged the Article 8 AA of the Conduct of General Elections Order, 2002, barring those who were defeated in the general elections from vying for the Senate.

Meanwhile, Javed Jabbar, has filed another petition in which the petitioner is Millat Party. His earlier petition was in his personal capacity.

While issuing notice to the federation, a senior member of the Supreme Court bench had observed that the principle on which the amendment in the Conduct of General Elections Order, 2002, was introduced to bar the defeated politicians, was, prime facie, defective.

The petitioners had sought change in the law, saying it was framed with mala fide intent.

They had contended that the period of constitutional deviation had terminated on Oct 12, 2002, hence Gen Pervez Musharraf had no authority to take any measure or pass any law after Oct 12, 2002.

It was argued that the Senate was a symbol of federalism and barring those defeated in the elections was tantamount to depriving the provincial assembly members of their right to choose representatives for the Senate.

It was further argued that the candidates of national and provincial assemblies were not aware of the amendment and if it had been in their knowledge, they might not have contested the elections to the National Assembly or provincial assembly.