Qadri’s petition not under SC’s jurisdiction, says CJ-Pak

11 years ago | Posted in: Latest Politics News | 588 Views

www.alrasub.com – Pakistan

Pakistan’s Chief Justice on Tuesday said a petition against the composition of the election commission, filed by Pakistan Awami Tehrik (PAT) chief Dr Tahirul Qadri, was out of the Supreme Court’s jurisdiction.

A three-judge bench of the Supreme Court, headed by CJ Iftikhar Muhammad Chaudhry, has been hearing a petition filed by Qadri seeking reconstitution of the Election Commission (ECP).

Dr Qadri has challenged the appointment of the chief election commissioner (CEC) and the remaining four members of the ECP, arguing that their appointments were not in accordance with the provisions of Articles 213 and 218 of the Constitution.

During Tuesday’s hearing, Chief Justice Iftikhar said Qadri’s petition was not under the SC’s jurisdiction as the case was filed as a quo-warranto petition and does not fall under Article 184 of the Constitution, Radio Pakistan reported.

According to the state-owned broadcast network, the chief justice advised Qadri to take his petition to a forum other than the apex court, such as a high court.

Earlier today, Qadri had submitted a written document regarding his locus standi (right to appear) in the case, as well as documents pertaining to his foreign nationality.

On Monday, the apex court had grilled the Pakistani-Canadian cleric over his dual nationality and had questioned his right to be a stakeholder in Pakistan’s democratic system.

Today, the bench further grilled Qadri over his dual nationality, raising further questions over his right to “attack a constitutional institution”.

Qadri said that a dual national is ineligible for membership of the parliament, but not barred to vote. “The Constitution of Pakistan does not bar anyone to have dual nationality,” he said.

‘Attack against a constitutional institution’

Addressing Qadri, the chief justice said: “You are not a common man, you are Sheikhul Islam. You have been delivering lectures in 90 countries. You have taken oath of loyalty to the British Queen and her descendants.”

The chief justice also remarked that could not let a foreign national come to Pakistan at his will and “attack a constitutional institution” former after years of efforts.

“You are touching an issue which attacks a constitutional institution established many years before…and you have just come back to Pakistan a couple of months ago and have challenged it (ECP),” he added.

The CJ remarked that the formation of the Election Commission has gone through a long and detailed process, and that a person couldn’t just come and point their finger at it.

The hearing was subsequently adjourned to Wednesday.

No decision yet

Speaking outside the SC following the hearing, Qadri told reporters that the court had not issued a ruling in the case, and said that the court is only trying to determine if it can proceed with this “unique” case.

“The judges have said that this is a unique case,” Qadri told reporters outside the court’s premises. “The judges say you are a dual national, and they want to determine if they can proceed further with the case (given my dual nationality).”

“My stance is that the constitution of Pakistan does not prohibit its citizens from holding dual nationality,” he said, adding that Pakistan has agreements with 16 countries on dual nationality.

“I have come to the SC for interpretation of the constitution. It is the court’s right to raise questions,” said Qadri, who is pleading his own case. “Nothing has been decided as yet. I will present my arguments, and the SC will decide.” – Dawn.com

Tags: , ,

Share it.

Leave a Reply

Related Posts