LAHORE, Nov 7: Defending the dual office of President Asif Ali Zardari before the Lahore High Court on Wednesday, the federal government said he was answerable to the parliament only.

Wasim Sajjad, the federation’s counsel, argued that filing a contempt petition was not an appropriate manner to seek a judicial order against the president.

A five-judge LHC bench comprising Chief Justice Umar Ata Bandial, Justice Nasir Saeed Sheikh, Justice Sheikh Najamul Hasan, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah is hearing a contempt of court petition against President Zardari for not relinquishing his political office of PPP co-chairman in compliance with a LHC order issued on May 12 last year.

Advocate Sajjad argued that the president did not violate the May 12 order because the LHC had only expressed its expectations. The president was not directly asked to relinquish the political office. “Violation of a ‘declaration’ or ‘expectation’ expressed by the court does not amount to contempt of court,” he said, adding that the president had neither committed any contempt nor attempted to scandalise the court.

But the counsel had no answer when asked what was an appropriate mode of seeking a relief against the president, instead of filing a contempt petition.

Chief Justice Bandial observed that the court had issued the order one and a half years ago, but it was yet to be complied with by the government.

Advocate Sajjad insisted that the court had not issued a direct order and, therefore, the president was not bound to fulfil its expectation.

“Do you want us to direct the president like an ordinary functionary of the government?” the chief justice asked the counsel.

The court had exercised maximum restraint and showed courtesy to the lofty office of the president which it deserved and had issued a clear declaration against president’s political activities, he said and asked the counsel if he wanted that the court should have directly asked the president to shun the political office.

“If the expectation of the court is not fulfilled then what course of procedure should be followed,” Justice Ijazul Ahsan asked.

Advocate Sajjad said there must be a direct order, along with a declaration. He said the president was not holding any office prohibited under Article 43 of the Constitution, adding that the office being held by the president was not a profitable office.

The counsel said whatever had been expressed in the declaration were convention and norms to run the affairs of the government. “The president is not a constitutional expert and his understanding about the judgment can be different from that of the court,” he said, adding that interpretation of a court order could be different if done by different people.

Advocate Sajjad said Article 242 (2) of the Constitution prohibited any criminal proceedings against the president till the time he was in his office. “President is not above the law, but answerable to parliament only,” he said, adding that the procedure for removing a president had been provided in the Constitution.

The counsel also objected to the territorial jurisdiction of the LHC and said it could not pass any restraining order to the extent of the premises of President House because it fell within the jurisdiction of the Islamabad High Court.

But Chief Justice Bandial rejected the argument and observed that the president was not confined to the President House only.

Being a symbol of the state he was everywhere in the country, he said.

The court adjourned the hearing till Nov 21 when the counsel will argue on the immunity enjoyed by the president.

JI PETITION: The court took up a similar petition filed by Jamaat-i-Islami and referred it to a single bench.

“The single bench will decide next week if the petition should be heard by the full bench,” Chief Justice Bandial said. The petitioner said President Zardari had violated the LHC order by continuing to indulge in political activities not disassociating himself from the political office.