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January 7, 2003 Tuesday Ziqa’ad 3, 1423

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Supreme Court takes up losers’ case today



By Our Staff Reporter


ISLAMABAD, Jan 6: The Supreme Court will on Tuesday start hearing of constitutional petitions seeking change in the law which barred those politicians who were defeated in the October elections from contesting the Senate election.

A five-judge bench, headed by Chief Justice Shaikh Riaz Ahmad, on Monday took up the petitions filed by Javed Jabbar of Millat Party and Ayub Khattak of PML-Q, challenging the Article 8 AA of the Conduct of General Elections Order, 2002, barring the general election losers from vying for the Senate.

The petitioners have questioned the vires of the Article 8AA on the grounds that it was promulgated at the time when the chief executive had lost his legislative powers and it was issued without authority. The amendment to the election order was issued after Oct 12, 2002.

The court was requested on behalf of Abdul Hafeez Pirzada, counsel for Javed Jabbar, that the case be adjourned. The court, after hearing the viewpoints of Qazi Mohammad Jamil, counsel for the second petitioner, Ayub Khattack, and Attorney General, Makhdoom Ali Khan, adjourned the case till Tuesday.

The court on previous hearing had issued notice to the federal government and the provincial governments to submit concise statements.

The federal government, in its statement, defended the law which barred the defeated politicians from contesting the Senate elections.



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