LAHORE: The Lahore High Court on Tuesday dismissed a petition seeking disqualification of Prime Minster Nawaz Sharif and Interior Minister Chaudhry Nisar Ali Khan for allegedly lying to the parliament about army’s role as an ‘arbitrator’ in the political impasse prevailing in the country.

Justice Syed Mansoor Ali Shah observed that the question regarding the statement made by Prime Minister on the floor of the National Assembly, as well as, press release issued by the ISPR fell within the ambit of “political question” and was not justifiable.

Justice Shah further observed that the petitioner could agitate the matter before an appropriate political forum, if so advised.

Also read: LHC moved to disqualify PM Nawaz

Insaf Lawyers Forum Punjab senior vice-president Advocate Gohar Nawaz Sindhu contended in his petition that PM and interior minister violated the Constitution by lying to the nation that the government did not invite chief of army staff to play his role as mediator.

The petitioner stated the ISPR denied government’s version and proved the ‘lie’ told by the prime minister and interior minister.

He pleaded that the government tried to give an impression that COAS intervened in the situation on the request of Pakistan Tehreek-i-Insaf and Pakistan Awami Tehreek.

Advocate Sindhu said Article 63 of the Constitution envisaged disqualification of a member of parliament who defamed or ridiculed army. Therefore, he asked the court to disqualify both PM and interior minister invoking provisions of Article 63.

COAS role: The Lahore High Court on Tuesday dismissed a petition questioning the chief of army staff’s alleged role as “arbitrator” in the prevailing political impasse.

Wukala Mahaz for Protection of the Constitution filed the petition through Advocate Dr Abdul Basit and made the COAS a necessary party to it.

The petitioner’s counsel stated that the SC in its July 31, 2009 order declared that the army had no role in politics under the Constitution. He said to act as arbitrator between the government and the protesting parties of Islamabad was unconstitutional for the army chief.

The petitioner asked the court to restrain the COAS from playing a role of arbitrator/mediator and direct him to comply with the judgement of the SC. It also prayed that the federal government be directed to resolve the crisis through dialogue.

A deputy attorney general stated that the Supreme Court was already seized of the matter relating to the present political crisis and it would be appropriate for the petitioner to approach it.

Justice Syed Mansoor Ali Shah dismissed the petition and observed that the petitioner was free to approach the apex court.

PLEA AGAINST DASTI: The Lahore High Court on Tuesday overruled an objection put by the registrar office on a petition demanding disqualification of Jamshed Ahmad Dasti, a member of the National Assembly from NA-178, Muzaffargarh.

Justice Shams Mahmood Mirza took up the petition as an “objection case” and set aside the office’s objection.

The judge directed the office to fix the petition before any appropriate bench for regular hearing.

Farooq Khan, a voter of the constituency, filed the petition and contended that the Supreme Court had disqualified Dasti on the basis of holding a fake graduation degree. However, he said, the returning officer ignored the fact and the respondent was elected again.

The petitioner said Dasti did not qualify to be a member of the parliament under Articles 62 and 63 of the Constitution.

He asked the court to declare the respondent MNA ineligible.

PTI petition: The Lahore High Court on Tuesday dismissed a petition against alleged detention of the Pakistan Tehreek-i-Insaf workers in many districts of Punjab.

Justice Ijazul Ahsan took up the petition and observed that the objection made on the maintainability of the plea by the Registrar Office was valid.

The office had stated that the petitioner should have approached the home secretary and district coordination officer first. The counsel for the petitioner did not appear before the court.

Published in Dawn, September 3rd, 2014

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