Saturday, April 26, 2008, Rabi-ul-Sani 19, 1429    

Reinstatement of judges through resolution
IHC rejects petition

MS Tanvir

Islamabad —The Islamabad High Court here Friday dismissed a writ petition seeking stay of a proposed constitutional package in the National Assembly for restoration of the deposed judges.

Dismissing the petition, the Chief Justice Sardar Mohammad Aslam observed that it was not maintainable as a similar application was pending with the Supreme Court of Pakistan.

Neither Maulvi Iqbal Haider, the petitioner, nor his counsel M A Bhatti advocate appeared before the court for arguments.

Sardar Aman, appeared before the bench and informed that the petitioner was not provided with due security therefore, it would be difficult for him to turn up and argue his case.

The Chief Justice asked him to contact Maulvi Iqbal and he would send policemen to escort him, but the petitioner did not turn up.

Maulvi Iqbal Haider, Chairman Awami Himayat Tehrik, has stated in his petition that the coalition government was in the process of moving a constitutional package in the National Assembly for the judges’ reinstatement.

The petitioner has contended that under Article 199 of the Constitution such a step would be contrary to Articles 68 and 69 of the Constitution.

He also claimed that it would be a violation of the Supreme Court decision that validated the measures taken under the emergency rule. The petitioner had made Secretary Ministry of Law, Speaker and Deputy Speaker of the National Assembly respondents. He has prayed that a stay be granted till the disposal of the petition.