LAHORE, Sept 6: The country is heading towards an imminent political and constitutional deadlock on October 12 due to the failure of the government to hold the general elections within the time frame specified by the Supreme Court in Zafar Ali Shah Case.
Pakistan Lawyers Forum counsel A. K. Dogar made the submission while continuing arguments on his writ petition challenging the validity of the Legal Framework Order, 2002, before Justice M. Javed Buttar of the Lahore High Court here on Friday.
He submitted that the three-year period given by the Supreme Court to the government to hold elections and transfer power to the elected representatives of the people would end on October 12. It was, therefore, necessary for the government to hold the general elections by July 12, 2002 to complete the transfer of power to the elected government within the 90-day period specified in the Constitution. But it had failed to abide by the Supreme Court directions.
He submitted that the electoral process announced by the government would be completed with the holding of the Senate elections on November 12 whereas the government would cease to exist on October 12 with the completion of the three years limit allowed to it by the Supreme Court through the Zafar Ali Shah Case judgment. The ceasing of the government on October 12 one month before the completion of the electoral process would result in a political and constitutional deadlock.
Counsel further submitted that all the orders issued by the chief executive, including the LFO, were subject to judicial review in the light of the Supreme Court judgment in Nusrat Bhutto Case in which the apex court had held that the review powers of the courts were inherent and could not be taken away under any pretext of state necessity or by any PCO or LFO. Constitution was the touchstone for testing the validity of other laws being the supreme law of the country and the courts were to strike down those issued in contravention of its provisions.
He submitted that the courts used to be called the king’s courts in the past but were known as the people’s courts now and protected the rights of the people. He submitted that the Supreme Court had validated the Musharraf government only be accepting the ground reality. The Supreme Court gave the president verdict to amend the Constitution only for a period of three years ending on October 12 and not afterwards as the government would cease to exist on that date.
He said the referendum order prescribing the commencement of the five year term of office of President Musharraf was also in conflict with the Supreme Court judgment in Zafar Ali Shah Case and was thus without jurisdiction. The first sitting of the parliament was to take place after October 12 when the orders issued by the president would have no legal effect.
The time of the court ended while the counsel was still arguing his case.
The hearing of petition will now resume on Monday.