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  • Sep 2nd, 2014
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The Supreme Court on Monday asked the counsel for Pakistan Tehreek-e-Insaaf (PTI) and Pakistan Awami Tehreek (PAT) to consult their clients and inform the court by Tuesday (today), whether they are agreeable to an adjudication after it resumed the hearing of identical petitions against anti-government protests filed by Supreme Court Bar Association, all High Court Bar Associations and Islamabad District Bar. A four-member bench led by Chief Justice Nasirul Mulk observed that the bench is not supposed to mediate or arbitrate but to decide the current matter in accordance with the facts of petitions.

-- Apex court asks PTI, PAT whether or not they are agreeable to adjudication

The bench also directed Attorney General for Pakistan (AGP) Salman Aslam Butt to seek instructions from the government and directed the relevant office of the apex court to arrange for dissemination of speeches of Dr Tahirul Qadri and Imran Khan in the court room on the next hearing.

During the course of proceedings, the AGP apprised the bench that both the political parties have violated the government's 'No Objection Certificates (NOCs)', saying lines of the Red Zone the protestors dismantled the gate of Parliament House and attempted to storm Prime Minister's House. The AGP prayed the bench to issue directions in the matter so that an action could be taken against protestors.

Chief Justice Nasirul Mulk observed that it is the domain of the government to deal with the situation in accordance with law. Justice Jawwad S Khawaja stated that if the AGP is requesting the apex court for a direction on grounds that the government is incapable of dealing with the situation the bench will certainly issue constitutional directions in the matter.

The AGP responded: "I am calling the attention of the Supreme Court, being an officer of the court," while the Chief Justice Mulk stated, " You are also representing the federation".

Justice Mian Saqib Nisar responded: "We are not going to address a political question but concept of political justice connected to fundamental rights in the current matter." He further observed while addressing the counsel for PTI Ahmed Awais: "If the government or the PTI cannot resolve the accusation of rigging in the general election then it is up to you to let the court know how the court can decide the issue in hand".

Terming the Constitution a principal document of the nation's existence, Justice Nisar said, "Once a fundamental right is violated then it is the duty of the court to act as a custodian." Chief Justice Nasirul Mulk asked the PTI counsel to "tell us as to what the apex court can do within the parameters of the constitution to resolve the current political impasse." Ahmed Awais submitted that the PTI lead counsel Hamid Khan was in Lahore; hence he sought time from the court.

The court gave one hour to the PTI counsel to seek the response of the lead counsel; however after the court resumed hearing it gave the counsel time till today (Tuesday) with a view to enabling them to consult with their leaderships a possible role of judiciary in resolving a grave crisis.

The hearing of matter was adjourned till Tuesday (today).

Copyright Business Recorder, 2014


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