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  • News Desk
  • Feb 22nd, 2005
  • Comments Off on Petitions on dual office listed for next week
Six petitions relating to holding of dual office by President Pervez Musharraf have been listed for hearing by the First Bench of the Supreme Court here on next Thursday. The petitioners include a lesser known Communist Party of Pakistan and it contests the question indirect: the authority of Acting President giving assent to legislation passed by the parliament. The other petitioners challenge the law on the premises that an incumbent President cannot also be the Chief of the Army Staff or a soldier in uniform cannot simultaneously be the Chief of the State.

Other petitioners are Raeesul Mujahideen Muhammad Habibul Wahab al Khairi of the Al-Jihad Trust, A K Dogar of Pakistan Lawyers' Forum, Watan Party and Moulvi Syed Iqbal Haider, a litigant in the interest of public.

In its petition, the Lawyers' Forum has indirectly questioned the same issue by questioning the vires of the 17th Amendment to the Constitution that allowed President Musharraf to hold the COAS office until 2007.

The Federal Government has also filed a petition seeking First Bench's permission to withdraw its appeal in a National Accountability Bureau reference against Mian Manzoor Wattoo, former chief minister of Punjab.

This petition is listed on Wednesday while a day earlier two appeals by Wattoo against his convictions by the NAB Courts will be presented to the same Bench that is presided over by Chief Justice Nazim Hussain Siddiqui.

Moreover, two appeals awaiting a hearing since long relate to recall of the performance bonds of the two private power companies-the Rupali Power Limited owned by Rupali Polyesters and Behram Awari's Spencer Powergen Company-have also been listed for Thursday.

In the case of Rupali it is the government that has appealed against the directions from Lahore High Court ordering refund of the bond while Spencer Powergen is appealing against rejection of its similar request by the Sindh High Court.

Other benches will hear appeals against the assessment of taxes, service matters, partitioning of individual properties or funds or convictions under the criminal laws. The five benches, two full and three divisions, will be composed of:

FIRST BENCH: Chief Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Abdul Hameed Dogar.

Second Bench opened hearings with Justice Iftikhar Muhammad Chaudhry, Justice Falak Sher and Justice M Javed Buttar on Monday but for the remaining week it will be a division bench without Justice Falak Sher who will shift to Fourth Bench with Justice Sardar Muhammad Raza Khan.

THIRD BENCH: Justice Hamid Ali Mirza and Justice Muhammad Nawaz Abbasi. The Fourth Bench will consist of Justice Khalil-ur-Rahman Ramday and Justice Mian Shakirullah Jan while the Fifth Bench will have Justice Faqir Muhammad Khokhar and Justice Tassadduq Hussain Jillani.

Copyright Business Recorder, 2005


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