President's dual offices: petition against Sindh, Khyber Pakhtunkhwa assembly speakers dismissed

01 Feb, 2011

A full bench of Lahore High Court (LHC) here on Monday dismissed a contempt petition against the speakers of Sindh and Khyber Pakhtunkhwa assemblies for passing a resolution in favour of President, Asif Ali Zardari on holding dual office.
The bench, headed by Chief Justice Ijaz Ahmad Chaudhry, ruled that under the constitution, resolutions passed on floor of assemblies could not be called in question in any court of law. Other judges on the bench were Justice Iftikhar Hussain Chaudhry, Justice Umar Ata Bandial and Justice Ijazul Ahsan. The court also observed that resolutions of assemblies could not affect proceedings of courts.
The bench had taken up contempt petition moved by Farhad Ali Shah during the hearing of case of holding dual office by President Asif Ali Zardari. The petitioner pointed out that Speaker Sindh Assembly, Nisar Ahmad Khoro and Speaker Kyber Pakhtunkhwa Assembly, Karamatullah Khan Chagharmati had approved resolutions in their respective assemblies in favour of holding dual office. He said both the speakers had attempted to influence the court on the matter. The petitioner termed the act tantamount to contempt and pleaded that contempt proceedings may be initiated against them. As far as the main case regarding dual office is concerned, the court adjourned its hearing for Tuesday (today).
On Monday, counsel for the petitioner AK Dogar, argued that it is the paramount duty of the court to provide justice in line with the prevalent law, otherwise society starts to decline and anarchy takes it toll.

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