ISLAMABAD, Feb 4: The federal government informed the Supreme Court on Tuesday that the Legal Framework Order was now a part of the Constitution and did not need validation by parliament.
In a written statement, the federal government, through the ministry of law and Justice, explained its stance on the LFO, saying: “LFO is a part of the Constitution and does not need any adoption or validation (by parliament).”
The Supreme Court had directed the government to explain its position about the LFO, which was challenged by Javed Jabbar through a constitutional petition.
The government stated that the LFO needed no parliamentary sanction, and it had already amended the Constitution.
A five-judge bench, headed by Chief Justice Shaikh Riaz Ahmad, would take up 25 constitutional petitions on Thursday, challenging Article 8AA of the Conduct of General Elections Order 2002, which barred such politicians from contesting Senate elections who suffered defeat in the October elections.
The Supreme Court had given provisional permission to 25 petitioners to contest Senate elections subject to final outcome of their petitions.
Asfandyar Wali Khan, one of the petitioners, has requested the court to announce its judgment before the holding of Senate elections as the ANP would lose its only seat in the Senate if the court in its final judgment rejected the petitions.
Under the rules if the election of a Senator was declared void, the next candidate with highest number of votes would become Senator.
The special bench, which was constituted on Tuesday, consisted of Chief Justice Shaikh Riaz Ahmad, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry and Justice Qazi Mohammad Farooq.
The federal government in its statement stated that the LFO was both legal and valid and was enacted by the president by exercising his powers granted by the Supreme Court in the Zafar Ali Shah case.
The federal government said that all the candidates from all political parties took part in the October elections. “The electorate has voted and parliament has been elected under the Constitution as amended by the LFO.”
The statement said no provision of the LFO needed parliament’s sanction or approval either for its validity or continuity.
The government said that President Gen Pervez Musharraf had acted within the parameters specified by the Supreme Court in the Zafar Ali Shah case.
The government further stated that president’s powers of amending the Constitution did not end on October 10, 2002, and he was fully empowered to promulgate any law and had acted lawfully. Certain provisions of the Constitution were revived on Nov 16, and other provisions to be revived after the holding of Senate elections.
The government statement said that Article 8AA of the Conduct of General Elections Order 2002, did not, in any manner violate Article 25 of the Constitution. “Equal protection of law does not envisage that every citizen is to be treated alike in all circumstances, but it contemplates that persons similarly situated or similarly placed are to be treated alike.”
It further stated that the government policy that women and non-Muslim candidates defeated in election to the National Assembly who were entitled to be elected to the National Assembly on reserved seats was not violative of Article 25 of the Constitution. “It is affirmative action. It improves representation of women and non-Muslims in Parliament.