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Monday, June 18, 2012

SC hears NA speaker ruling case

ISLAMABAD: The Supreme Court of Pakistan (SC) has resumed hearing of the identical constitutional petitions, challenging the 27th May ruling of Speaker National Assembly Dr Fahimda Mirza over the disqualification of PM Gilani. A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain is hearing the case. Barrister Aitzaz Ahsan, counsel for the PM, challenged the hearing of case by the SC, arguing that neither provincial government become the party in it nor anyone's fundamental right was affected. 'The court can not go beyond its jurisdiction, the petitioners should have approached the high court first.' On this, the CJ remarked that how come a verdict of seven-member SC bench could be taken up by the high court. 'The petitioners have argued that the person in question (the prime minister) is not only an MNA but a representative of 180 million people.' He also asked Aitzaz Ahsan to quote a similar example. Meanwhile, Attorney General Irfan Qadir, interrupted the proceedings and said if the seven-member bench rules against the wishes of the people it is also unconstitutional. The bench stopped the AG on that point and instructed to speak on his turn. Aitzaz, while continuing his arguments referred to a case of former dictator Musharaf's election in uniform. The CJ asked him why he is quoting this example, while being a flag bearer of democracy and constitution. This is a case about which no one wants to talk, the CJ added.

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