KARACHI: The Sindh High Court on Tuesday directed the Attorney General for Pakistan to inform and assist the court on steps being taken by the federal government to secure the life and property of the people and to avoid any law order situation that might result from the continued deadlock between the government and the agitating parties, Pakistan Tehreek-i-Insaf and Pakistan Awami Tehreek.

The direction came on a constitution petition seeking dissolution of the national and provincial assemblies and appointment of the national government with the assistance of the armed forces of Pakistan.

The petition was filed by Advocate Maulvi Iqbal Haider, who impleaded the President of Pakistan through principal secretary, prime minister, defence secretary, interior secretary, Election Commission of Pakistan, Punjab Chief Minister Shahbaz Sharif, inspector general of police, Islamabad, PTI chairman Imran Khan, PAT chairman Tahirul Qadri and chairman of the National Database and Registration Authority (Nadra) as respondents.

The petitioner invited the attention of the court to constitutional crisis and to the statement of the interior minister that about 50,000 to 60,000 votes in different constituencies could not be verified by Nadra. He argued that the respondent president, PM and other public office holders had no legal sanctity to retain their respective offices.

He said Imran Khan had launched protest against rigging in the general elections and sought removal of the government but his demand had been ignored. Later, Tahirul Qadri also demanded the removal of the government, he said, adding that PAT workers were then killed and 100 others sustained bullet wounds in the Model Town operation.

He asked the court to declare that the 2013 general elections were rigged, illegal, unconstitutional and unlawful in view of the admission of the interior minister and the national and provincial assemblies were required to be dissolved forthwith in the interest of justice.

The petitioner also asked the court to declare that the president was empowered to promulgate state of emergency and appoint a national government with the assistance of armed forces in view of the current situation as the country was faced with political crisis.

He requested the court to direct the respondents not to take any action against the protesting PTI and PAT workers who were sitting in front of the parliament building.

The two-judge bench, headed by Justice Aqeel Ahmed Abbasi, observed that the petitioner was directed to satisfy the court on the maintainability of the instant petition with particular reference of the prayers he had made and his locus standi in the matter. “His attention was also drawn to the proceedings pending before the Honourable Supreme Court in relation to the present prevailing situation in Islamabad where demonstration/sit-in/Dharna by a large number of workers/supporters of the Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehrik (PAT) along with their respective leadership is continued since Aug 14, 2014 in the Red Zone in Islamabad,” the bench noted.

The petitioner submitted that he filed the petition in public interest as a concerned citizen and as a registered voter. He apprehended serious law and order situation could result from mishandling of the situation by the government and its allied agencies.

Advocate Haider said a deadlock had been created, with the effect of the demonstrations in the capital also spreading to Sindh and other parts of the country. He demanded that at least notice be issued to the AGP who should inform the court about the steps being taken by the government to break the deadlock and to resolve the issue so that life of innocent citizens be saved.

The bench ordered: “Though, we have already expressed our tentative view with regard to non-maintainability of the instant petition, still we would issue notices to the Attorney General for Pakistan as well as Advocate General of Sindh to assist this court on the issues concerning steps taken by the government so far to secure the life and property of the public at large and to avoid any law and order situation which might result from the continued deadlock as referred to hereinabove”.

The bench also ordered the federal and provincial chief law officers to inform the court about the nature of the proceedings before the Supreme Court in this regard and place on record a copy of the order passed by the apex court on Sept 2.

Published in Dawn, August 27th, 2014