Lahore: Hearing of plea against Zardari's dual offices today in LHC

[Naveed Yaseen]

A DIVISION bench of the Lahore High Court, comprising Justice Asif Saeed Khan Khosa and Justice Mian Saqib Nisar, on Thursday (today) will hear a petition, filed by the Pakistan Lawyers Forum regarding relinquishment of the office of co-chairmanship of the Pakistan Peoples’ Party (PPP) occupied by President Asif Ali Zardari.

The petitioner submitted that President Asif Ali Zardari was simultaneously holding the office of the co-chairman of the PPP along with the office of the President of Pakistan, which was a violation of Article 41 (1) of the Constitution.

The petitioner had sent a notice to the President on 25-09-2009, asking him to relinquish the office of the co-chairmanship of the PPP.

The notice was sent through PLF Secretary General Syed Feroze Shah Gillani, asking the President to relinquish the office of co-chairperson of Pakistan Peoples’ Party within 15 days from the receipt of the notice, failing which the PLF would file a petition under Article 184 (3) of the Constitution before Supreme Court.

The petitioners also sought directions for the government, including the Ministry of Law and Justice, Parliamentary and Human Rights, on the grounds that the Article 41 (1) of the Constitution stated: “There shall be a President of Pakistan who shall be the head of State and shall represent the unity of the Republic.”

The petition stated: “President Asif Ali Zardari is the head of the state and not the head of the government and a representative of the unity of the Republic. The government may come and governments may go out but the State goes on forever.”

The petitioner dubbed it as a blatant violation of the Constitution through a legal notice under Article 41 (1) of the Constitution of Pakistan in the petition.

The petitioner cited the Supreme Court judgment in the case of Muhammad Nawaz Sharif versus President of Pakistan (1993) in which the court had held: “Now, the President as the symbol of the unity of the Federation is entitled to the highest respect and esteem by all the functionaries of the State.

But it is equally true that this respect and esteem will be forthcoming if he conducts himself with utmost impartiality and neutrality, that he keeps himself entirely aloof from party politics and does not give the impression to anyone that he is siding with one faction or working against the other.”

The PLF members referred to another judgment of the Supreme Court, which stated: “No doubt, the President as the symbol of the unity of Federation occupies a neutral position in the Constitution, and in that capacity he is entitled to the highest respect and regard by all the functionaries of the State.

But it is equally important that in order to protect and preserve the dignity of this high office and this neutral image under the Constitution, the President must keep himself aloof from all political imbroglios.

If the President is unable to ward off the temptation to keep away from political game or he starts with one or the other political element in the Assembly, he is likely to lose his image as the neutral arbiter in national affairs and as a symbol of unity of Federation under the Constitution. In the latter event, his conduct may also come under criticism from those who may feel betrayed.”

The petitioner, invoking the jurisdiction of the court, requested it to direct the government to act in accordance with the law, asking the President to relinquish the office of the co-chairmanship of his party as declared by the Supreme Court because the case law was also the law of the land.

The petitioner further prayed to the court to issue an ad-interim order, restraining the President to hold the PPP meetings in the President’s House.

http://www.thenews.com.pk/daily_detail.asp?id=202156