The Lahore High Court here on Thursday, admitting a petition that seek the disqualification of Prime Minister Syed Yousuf Raza Gilani for regular hearing issued notices for September 08 to Attorney General of Pakistan and other respondents.
The petitioner, Allah Buksh Gondal advocate, had previously amended the plea to the effect of challenging Article 6(3) of the Constitution, which relates to the high treason action while allowing only the Federal Government to initiate a reference for this purpose.
The petitioner prays to make this provision more open to let others also initiate a reference to seek high treason action against a person. Notice has also been issued on the amended petition for September 8 when main case will also come up for further proceedings.
The petitioner contended that the PM as chief executive is under oath to protect the Constitution and the organs functioning under it. A K Dogar, the counsel for the petitioner, argued that it was paramount duty of the PM to get the Supreme Court's decision implemented and if he fails to fulfil that obligation he, in effect, is committing a gross violation of the Constitution.
According to him, any attempt which goes to weaken the Constitution and writ of the Constitution constitutes high treason, the liability of which now falls on the respondent. The counsel also claimed that the executive had dragged its feet on the implementation of a number of judicial orders, which include the one that requires the prime minister to write a letter to the Swiss authorities for reopening cases against President Asif Ali Zardari.
The petitioner accused the PM of accepting dictations from the President instead of following the constitution requirements, which he adds, amounts to a gesture on his part to undermine the Constitution and commit its breach. The petitioner prayed to the Court to declare the prime minister disqualified and a high treason case may be initiated against him.