ISLAMABAD: The Islamabad High Court (IHC) issued notice to the Attorney General for Pakistan (AGP) in response to the appeal of Pakistan People's Party (PPP) leader Yousaf Raza Gilani against the Senate chairman.
A division bench, comprising Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri, on Tuesday, heard Intra-Court Appeal (ICA) of Senator Yousaf Raza Gilani against the IHC decision, wherein, it had turned down the PPP leader's petition challenging the result of the elections for the chairman Senate.
After hearing the initial arguments of both the parties, the Bench observed that the matter involves constitutional questions which need to be addressed in accordance with law.
The court, therefore, issued notices to the AGP as well.
Barrister Ali Zafar appeared on behalf of Chairman Senate Sadiq Sanjrani.
He argued that the case has already been decided by the IHC's single bench, which has come to a "lawful" conclusion that under the Constitution and the law the writ petition was not maintainable as none of the proceedings of the two Houses of the Parliament can be challenged in any Court of law.
The hearing is adjourned until May 26.
In the appeal, filed through advocate Farooq H Naek, Gilani prayed before the court that the single bench of 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 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 court is requested to accept the intra-court appeal and single bench decision be rejected."
Earlier, a single bench of IHC Chief Justice Athar Minallah had rejected his petition by declaring the same non-maintainable after hearing the arguments.
Copyright Business Recorder, 2021
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