LAHORE, Sept 14: The Lahore High Court turned down on Friday a federal government’s request to become a party in a contempt of court case against President Asif Ali Zardari for not relinquishing his political office. But it allowed the federation to become a pro forma respondent (a party impleaded in a case passively but which cannot discuss its merits and demerits) in the case.

A larger bench of the LHC, headed by Chief Justice Umar Ata Bandial, said in its order that the government’s counsel would not be allowed to talk about merits and demerits of the case against President Zardari. However, the court said it would hear his submissions.

Advocate Wasim Sajjad, representing the government, opposed the court’s decision and said the federation was made a party in the main petition against the president’s dual office and, therefore, it should be allowed to become a party in the contempt case. It was also necessary because the president was a symbol of federation and part of the parliament.

The chief justice reminded the counsel that in the main petition a panel of government’s lawyers had boycotted the court’s proceedings.

Advocate A.K Dogar, representing petitioner Munir Ahmad, opposed the government’s plea and said the contempt petition was not filed against the office of the president, but against a person. He contended that in a contempt matter only a guilty person himself could defend the charges. No other person had the right to defend the charges or become a party in the case, he said, adding that even the presence of the attorney general was not required in such a case.

But Advocate Sajjad said if a writ petition could be filed against any individual (Zardari), then the federation could also be allowed to become a party in the case. He said results of the litigation would not only affect President Zardari but would also have implications for the country.

During the hearing, the chief justice read out a letter submitted by the principal secretary to President Zardari which said the president would be represented in the case by Wasim Sajjad.

When the chief justice asked Mr Sajjad if he was representing the president, he did not come up with a clear answer. Instead, he said he was representing the federation and reiterated that the president was a symbol of the federation and part of the parliament.

Wasim Sajjad also could not give a satisfactory answer when asked if the court should consider the principal secretary’s letter a court notice on the respondent (president).

Attorney General Irfan Qadir requested the court to stop the contempt proceedings. He said the same questions raised in the instant proceedings had been pending before the Supreme Court and it had issued short orders on most of the questions.

Therefore, he said, till a detailed judgment by the apex court, the LHC should halt its proceedings.

The AG argued that only political questions had been raised in the case rather than any constitutional or legal point. He said the high court should not take any decision in haste and wait for the Supreme Court’s verdict.

A.K. Dogar said the government wanted to delay the proceedings without any reason. Referring to a judgment, he said the apex court had held that proceedings in a contempt matter should not be delayed.

He said the respondent (president) was involved in continuous and wilful defiance of the court’s judgment. “Article 248 (1) of the Constitution does not grant immunity in criminal proceedings,” he added.

Azhar Siddique, another counsel for the petitioner, said the conviction of former prime minister Yousuf Raza Gilani was a clear example of contempt of court. He said the Supreme Court had ordered Mr Gilani to write a letter to the Swiss government in his capacity as chief executive, but punished him as an individual after he disobeyed the order.

Wasim Sajjad said had Mr Gilani not been the prime minister, he would not have been convicted by the court. He challenged the locus standi (being aggrieved) of the petitioner and said not a single political party, but a few lawyers from Punjab, objected to the president’s political office.

The court adjourned the hearing to Sept 21.

In his petition, Munir Ahmad contended that in its 2011 order the LHC had declared that President Zardari could not hold the office of PPP co-chairman, but he had not relinquished the post. The act of the president was tantamount to committingcontempt of court. He requested the court to initiate contempt proceedings against the president.