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SC won't allow its 'laundry' for cleansing political mess

03 October, 2014

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ISLAMABAD: Justice Mian Saqib Nisar remarked on Thursday that the Supreme Court (SC) "laundry" will not be allowed to be used to cleanse any political mess.

A five-member bench of the court presided over by Chief Justice of Pakistan (CJP) Nasirul Mulk took up for hearing on Thursday the case against any possible extra-constitutional move.

"The chief of Pakistan Awami Tehreek (PAT) had assured to vacate three lanes of Constitution Avenue but later he backtracked from it. If revolution has to be brought about by staying in the system then law and constitution will have to be respected. You should propose the punishment on your own as legal consequence of not fulfilling the pledge made with the court," Justice Nisar observed.

Counsel for the PAT, Ali Zafar, took the plea those staging sit-ins are recording their protest within the parameters of law, constitution and system. This sit-ins, he said, are a reaction to the Model Town incident and noted had the FIR of the incident been registered on time and action taken against the accused then the prevailing situation would not have been created. "We exercised restraint to a great extent. It seems as if the court will have to issue some order," Justice Jawwad S Khawaja remarked. He said the court asked the PAT counsel if he is the counsel of the court or a political leader.

The court scolded Yusuf Khosa, counsel for the PTI, and did not allow him to talk during the course of hearing of the case. "You don't even know if the (Constitution) Avenue has been opened or otherwise," the chief justice observed.

Ahmad Owais argued the sit-in has been staged at D Chowk and it is not blocking the road in any way. We are not sitting on the road and we have complied with the orders of the court fully and will continue to comply with them. The court rejected the plea of the attorney general of Pakistan for taking notice of registration of case against the prime minister and police officers.

While seeking replies from the PAT, PTI and attorney general on the blocking of the Constitution Avenue the court adjourned the hearing of the case till October 13.

The case seeking disqualification of Prime Minister Nawaz Sharif was heard by a three-member bench led by Justice Jawwad S Khawaja. Justice Dost Muhammad asked the petitioner's counsel, Tahir Nawaz Sindhu, if he could present the army chief as a witness or put forth his statement in the court.

Justice Khawaja said that since a petition has been filed seeking disqualification of Prime Minister Nawaz Sharif, the case is now in the courts and would continue. Justice Dost Muhammad said that after the companions of Prophet Muhammad (PBUH) nobody could be regarded as sadiq and amin (honest and truthful). Therefore, according to the petition, everybody could be disqualified from parliament.

He added that the matter was between the PM and the army chief, therefore nobody can know the context of their discussion. Justice Jawwad Khwaja asserted that the petition was filed on the basis of a statement published in the newspapers and now the case would advance till the point it creates displeasure.

He further said that only army chief can answer whether the prime minister had requested him to mediate to resolve the political crisis. He also said that it is important to know the discussion between the army chief and Imran Khan.

The petitioner argued that the prime minister can be disqualified for not fulfilling criteria set by articles 62 and 63 of the constitution if his ineligibility is not proved. Justice Dost Muhammad said that in order to prove his ineligibility, the army chief would have to be made a witness in the case.

End.

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