A three-member bench led by the Chief Justice Iftikhar Muhammad Chaudhry was hearing identical petitions filed by Pakistan Tehreek-e-Insaaf chief Imran Khan, PML-N leader Khawaja Asif, Muhammad Azhar Siddique, Senator Syed Zafar Ali Shah, Syed Mehmood Akhtar Naqvi and Chaudhry Muhammad Sahwa against the NA Speaker's ruling over her decision not to send a disqualification reference against the premier.
During the proceedings, the bench also rejected the plea of Aitzaz Ahsan, the counsel for the premier, for adjourning the case till Wednesday and directed him to resume arguments on Friday (today). The situation became tense during the proceedings when Attorney General for Pakistan (AGP) and a few lawyers exchanged harsh words. The court's decorum was disturbed thrice.
The AGP has been accused of showing unnecessary aggression in order to adjourn the proceedings of the case. Firstly, while reading the previous court's order regarding the case A.K. Dogar sought to change some words, which were used in the order. Rising from his seat, the AGP objected to it. Upon which, the CJP questioned how could he dictate the bench to change the order. The Chief Justice said: "We are not changing it."
Secondly, when the CJP asked the petitioner's counsel to remain focused and stick to the questions they had raised in the petitions and give formulations in a written form, the AG rose from his seat and asked the bench why it was showing hurry in this case. The AGP said: "Due to this case the whole government machinery is worried." The AGP asked whether the court wanted to conclude the case today (Thursday).
The Chief Justice told him that it was judges' responsibility how to run the affairs of the court and regulate the proceedings. Therefore, the AGP has no right to dictate the bench. The AGP said the court should give him and the respondents as much time as they wanted.
On third occasion, when the Chief Justice asked Aitzaz Ahsan why he failed to submit any oral or written objections, praying for suspending the judgement at the time of its announcement, the AGP suddenly stood up. On behalf of Aitzaz, the AGP said the "judges ran away without hearing the respondents after announcing the verdict in the contempt of court case against the Prime Minister."
A few lawyers belonging to Lahore High Court Bar Association, Rawalpindi bench, who were present in the court, objected to AGP's remarks. The country's top law officer adopted unethical gestures. To managing the order to normalise the situation and to maintain court decorum the bench called in the police, who took out those lawyers from the courtroom.
The AGP said that the Chief Justice was biased and should not hearing the petitions against the Speaker's ruling. Justice Jawwad said that in 14 years of life as judge he had never seen such situation. Justice Khawaja remarked: "This is very extra-ordinary."
Justice Khawaja told the AGP that the impression was such that he was not to assist the court in this case. The Chief Justice said that AGP was the chief law officer of the court, adding the judges worked under the constitution and in accordance with law.
It is worth mentioning that the AGP was also accused of exhibiting unruly conduct when he was the prosecutor general during the contempt of court case against Prime Minister. During the proceedings, the CJP remarked that it was the case where judgement had been concluded as neither an appeal was filed nor any request was made for the suspension of judgement.
Hamid Khan, Imran Khan's counsel, argued that no question had arisen under Article 63(2) of the Constitution. He said that question arose when the appellate court took cognisance of the matter. He submitted 14 formulations regarding his case. He stated that the Speaker had usurped the authority of appellate authority. According to him, she has obstructed the course of justice and access to justice by not sending the reference to Election Commission to decide the matter.
A K Dogar, the counsel for Azhar Siddique, maintained that by automatic application of Article 63(1)(g) Syed Yousaf Raza Gilani ceased to be the Prime Minister of the country after 9:30 am on 26-04-2012 when the order was announced by a 7-member bench convicting him for persistent wilful and deliberate defiance of the apex court order. After the passage of 18th Amendment Article 63(1)(g) has been changed and as a consequence the role of Speaker and the ECP have become redundant or irrelevant. Senator Syed Zafar Ali Shah, Syed Mehmood Akhtar Naqvi and Chaudhry Muhammad Sahwa also concluded their arguments. Aitzaz will commence his arguments from today (Friday).