Parliamentary proceedings have constitutional exemptions; IHC CJ remarks in Gilani's case

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah on Wednesday remarked in Syed Yousaf Raza Gilani's case challenging the Senate chairman elections result that the parliamentary proceedings had constitutional exemptions

The court reserved its decision on maintainability of the petition after listening arguments by Gilani's lawyer.

The chief justice further observed that parliament was to address big issues of the country, whether it was unable to solve its own matters. Should courts interfere into the parliamentary affairs, he questioned. Courts used to take care of supremacy of the parliament, he added.

Gilani's lawyer Farooq H Naek pleaded that the Senate chairman elections were not part of the parliamentary proceedings, adding voters were told by the presiding officer to mark stamp anywhere within the box.

He said the presiding officer had rejected seven votes of Gilani on basis of stamps in box of candidate's name on the ballot papers.

The chief justice asked whether Gilani had majority in the upper house.

To this the lawyer answered in 'yes'.

At this, the court said then Gilani could remove the Senate chairman with his majority and asked whether there was any alternate forum under the law for petitioner.

Naek said the petitioner had no any alternate forum, only the court could decide the matter pertaining to votes rejections.

To another query, Naek said the presiding officer was appointed by the president and Senate chairman had no role in it. There was no procedure to explain the way of stamping ballot papers, he said.

The lawyer said the decision of the presiding officer could be challenged before the court, adding they had just challenged the electoral process. He, however, said Senate chairman could be removed only through the vote of no confidence.

The petitioner's counsel said the scenario in Senate deputy chairman election was different. No parliamentary committee had powers to remove Senate chairman, he said while answering a bench's question.

The petitioner's lawyer pleaded before the bench that the Senate elections were held on March 12, in which Sadiq Sanjrani had been declared as Senate chairman after rejecting the seven votes of his client by the presiding officer.

To a query by the bench, the lawyer said the elections were conducted under Article 60 of the Constitution.

He read out the said article before the bench on its instructions and argued that Syed Muzafar Hussain Shah from GDA had been appointed as presiding officer.

To a question by the court, Naek said no one was the part of elections process from Election Commission of Pakistan. He further said it was not mentioned in the rules that how the vote would be marked.

After listening arguments, the court reserved its judgment on maintainability of the case.

IHC Chief Justice Athar Minallah heard the case filed by Pakistan People Party leader and former prime minister Syed Yousaf Raza Gilani through his counsel Farooq H Naek.