LAHORE: Hearing of PLF plea next week

Published November 17, 2002

LAHORE, Nov 16: The Lahore High Court will hear the Pakistan Lawyers Forum appeal against the dismissal of its writ petition challenging the validity of the Legal Framework Order next week.

PLF president A. K. Dogar has sought setting aside of the judgment of the single bench on the ground that the judge had refused to exercise jurisdiction with the observation that he would not interpret the Supreme Court judgment lest he might trespass on its jurisdiction failing to understand that the SC judgment was a case law and a precedent to be followed by the lower courts.

The appellant has described the observation of the single bench that it was for the SC to decide whether or not any contempt had been committed by Gen Pervez Musharraf and not for him as based on erroneous concept of law as the High Court were empowered to enforce the order and decree of the apex court under Article 187 of the Constitution. The observation that it was for the SC to see whether the chief executive had been empowered to amend the Constitution by promulgating the LFO was another example of refusal to exercise jurisdiction.

The appellant has described the observations of the single bench regarding holding of elections and the aftermath as unconstitutional pointing out that the petition had nothing to do with the same and sought only determination whether the chief executive was acting in accordance with the SC judgment in Zafar Ali Shah case while amending the Constitution permanently.

Judiciary acted for the enforcement of the Constitution and not with anything outside it. — Reporter