ISLAMABAD: The Islamabad High Court (IHC), on Wednesday, issued notices to the federal government, Chairman Senate Sadiq Sanjrani, the Senate Secretariat, and others, regarding election of the chairman Senate.
A division bench of IHC comprising Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri heard an Intra-Court Appeal (ICA) of the Pakistan Peoples Party (PPP) leader and Senator Yousaf Raza Gilani against the IHC single bench’s decision.
Chief Justice IHC Athar Minallah had turned down the PPP leader’s petition challenging the result of the election for the chairman Senate.
The bench, after hearing the arguments, issued notices to respondents, and deferred the proceedings till April 27th.
During the course of hearing, Gilani’s lawyer Farooq H Naek contended that a single bench of CJ IHC Athar Minallah had rejected his client’s petition.
He told that the court had cited the reason that the Senate chairman election are not under the Election Act, but under the Constitution of Pakistan.
At this, Justice Farooq asked him how could he ignore Article 69 of the Constitution? Naek said he wanted to advance arguments on Article 10 before Article 69. He contended that his client had not challenged the assembly’s proceedings but the election of the Senate chairman.
He further said that when the rejection of seven votes was questioned, the presiding officer said that they could move the court to challenge his decision. Naek added that he was Gilani’s polling agent in the Senate chairman election. Later, the IHC bench issued notices, and adjourned the hearing of the case.
Gilani contended in his appeal that the single bench of the IHC did not take into account complete facts during the proceedings of the case. He added that illegal activities can be interpreted by the courts, whereas, it was the job of the court to provide compensation for illegality and in such cases the court has to check the intention of the voter.
Gilani also contended, “The learned judge erred in failing to appreciate that the presiding officer at that particular time was not conducting the proceedings in the House, he was a nominated officer of the President for the sole purpose of conducting the election to the office of Chairman Senate. The proceedings of the house envisaged in the Constitution are proceedings comprising of legislative and deliberative functions of either houses of Majlis-e-Shoora (Senate and National Assembly) and not to executive functions which the presiding officer at that time was performing.”
The petitioner maintained that the court is requested to accept the intra-court appeal and single bench decision be rejected.
Copyright Business Recorder, 2021
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