The Islamabad High Court (IHC) on Friday dismissed the petition seeking to bar parliament from moving resolution for reinstating judges. Justice Sardar Muhammad Aslam, after a brief hearing, termed the petition as non-maintainable, and disposed it of.
Maulvi Iqbal Haider had filed the petition under Article 199 of the Constitution making the Speaker of the National Assembly and Law Secretary as respondents. The petitioner had taken the plea that the resolution on the issue of judges in parliament was in contravention of Article 199 of the Constitution.
The court observed that a similar petition had already been filed in the Supreme Court. Therefore, High Court could not entertain a parallel petition in this respect.
Iqbal said that any matter pertaining to the restoration of deposed judges could not be discussed in the parliament according to Articles 68 and 69 of the constitution. He said the Supreme Court has validated the PCO and removal of the judges; therefore, the proposed resolution would negate the verdict of the apex court.
The petition demanded that the court should disqualify the Speaker of the National Assembly if the resolution was moved in the parliament. In addition, it should also issue a stay order not to move the resolution till the decision of the case, the petition added. However, neither the petitioner Moulvi Iqbal Haider nor his counsel M.A.Bhatti appeared before the court on Friday for hearing of the petition.