By Azhar Masood
ISLAMABAD: The Islamabad High Court here Friday dismissed a writ petition seeking stay of a proposed constitutional package for restoration of the deposed judges. Chief Justice Sardar Mohammad Alsam rejected the petition on the grounds that it was not maintainable as a similar application was pending with the Supreme Court of Pakistan.
Neither Maulvi Iqbal Haider, the petitioner, nor his counsel M A Bhatti advocate appeared before the court for arguments. Sardar Aman, appeared before the bench and informed that the petitioner was not provided with due security therefore, it would be difficult for him to turn up and argue his case.
Chief Justice asked him to contact Maulvi Iqbal and he would send policemen to escort him, but the petitioner did not turn up. Maulvi Iqbal Haider, chairman Awami Himayat Tahrik, has stated in his petition that the coalition government was in the process of moving a constitutional package in the National Assembly for the judges’ reinstatement. The petitioner has contended that under Article 199 of the Constitution such a step would be contrary to Articles 68 and 69 of the Constitution.
He also claimed that it would be a violation of the Supreme Court decision that validated the measures taken under the emergency rule The petitioner had made Secretary Ministry of Law, Speaker and Deputy Speaker of the National Assembly respondents. He has prayed that a stay be granted till the disposal of the petition.
A pro-Musharraf lawyer Maulana Iqbal Hyder Thursday filed a petition under Article 199 of the Constitution at the Islamabad High Court challenging Coalition’s proposed resolution to reinstate deposed judges. Maulana Iqbal Hyder pleaded that if such a resolution was tabled the Speaker and Deputy Speaker of the National Assembly would stand disqualified.
The ruling coalition partners Asif Ali Zardari, Mian Nawaz Sharif and Aswandyar Wali Khan have committed to reinstate deposed judges within this month. Leading jurists have termed the action of lawyer Iqbal Hyder a pre-emptive move to get stay order from court against the proposed resolution.
Ruling coalition has agreed to reinstate all the deposed judges including Chief Justice Iftkhar Chaudhry but curtailing his tenure for 4 years only. But this formula has not been accepted by Pakistan’s lawyers associations. A committee of Coalition parties will come out with a formula during next few days.