Supreme Court issues notices to PPP leaders

ISLAMABAD - The Supreme Court on Saturday issued notices to PPP Sindh Secretary-General Taj Haider and PPP Sindh MPA Sharjeel Inam Memon for ridiculing and disreputing apex court judgment regarding disqualification of Justice (retd) Deedar Hussain Shah as chairman NAB. Taj Haider and Sharjeel have been directed to appear on April 1 and explain why proceedings under Article 204 of the Constitution read with Section 3 of the Contempt of Court Ordinance (Ordinance IV) of 2003 may not be initiated against them. The PPP MPA was ordered to explain why under Article 63 (1)(g) read with Article 113 of the Constitution he may not be declared disqualified as member the Provincial Assembly. The Court also issued notices to the Attorney General of Pakistan, the Advocate General Sindh, President Supreme Court Bar Association (SCBA), Vice Chairman Pakistan Bar Council (PBC) and Vice Chairman Sindh Bar Council (SBC) to assist court in this matter. The AG Sindh has been directed to explain what action so far has been taken to pay compensation to the heirs of the persons killed or injured and those whose properties were damaged in the protest rallies announced by the two PPP leaders among others. He has also been ordered to submit copies of FIRs and criminal cases registered against the demonstrators. On March 12, Chief Justice Iftikhar Muhammad Chaudary had written letters to the acting chairman Pakistan Electronic Media Regularity Authority (PEMRA), the secretary Sindh Assembly and the chief secretary Sindh regarding the strike call given by some political leaders in Sindh against the Supreme Court judgment dated March 10. Reportedly, more than seven persons died on account of the protests and strike for and the judgment against NAB chief Deedar. The secretary Sindh Assembly and the chief secretary Sindh have filed their reports with the apex court, while the acting chairman PEMRA submitted transcripts of CDs/DVDs regarding the statements of political leaders wherein the language used by two politicians was inappropriate and appeared to be contemptuous, scandalous, bringing the judiciary and the apex court into hatred. The Intelligence Bureau also submitted its report and confirmed that on the calls of the PPP leaders, strikes were observed throughout Sindh except Matiari, Umar Kot and Thar against the SC judgment. According to reports, Taj Haider gave a call for boycotting courts, closure of trade centres, transport, offices, education and other institutions. The news was widely publicised by the media. Taj Haider had stated: Legislators would take out a rally from the Sindh Assembly to the Sindh High Court to lodge a protest against politically-motivated decision of the superior judiciary. They would observe a general strike across the Sindh province against the interference of the judiciary in the administrative affairs.The said judgment is discriminatory because another person who belongs to Sindh was removed from his service because he is a Sindhi and the whole party protests against the decision. While Sharjeel had said: The courts have dual standards as they did not take any action against those who invaded the courts. Furthermore, tomorrows strike will be held in Sindh, and the atrocity against Sindh should be stoppedIt is a shameful decision The Chief Justice of Pakistan, after going through the SC office note and reports received from the DG Intelligence Bureau Islamabad, the Home Secretary and the Inspector General of Police (IGP) Sindh, stated that a bench of the apex court decided constitutional petitions filed by Ch Nisar Ali Khan, the opposition leader in the National Assembly, and Shahid Orakzai, a freelance journalist, against the appointment of Justice (retd) Deedar as NAB chief. According to the judgment, appointment of Justice (retd) Deedar was illegal and ultra-vires. The SC order read: .we have arrived at an irresistible and inescapable conclusion that the appointment of Justice (retd) Syed Deedar Hussain Shah as chairman National Accountability Bureau by the President of Pakistan on February 9, 2011 is ultra vires to the letter as well as the spirit of section 6(b)(i) of the National Accountability Ordinance, 1999 and through such illegal appointment the fundamental rights of the people of this country including their right to life, right to liberty, due process of law, fair trial and access to justice are adversely affected. The bench also ordered that Deedar should cease to hold the said office forthwith. The court also directed the government to appoint a fresh chairman of NAB without any delay. The bench observed that the matter of appointment of Justice (retd) Deedar as chairman NAB has been handled by the Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan in a manner depicting shallow and perfunctory understanding of the Constitution and the relevant law and in the process the former Honourable Judge of this Court has suffered for no fault of his own. It is because of his two appointments to that office, both botched and messed up by that Ministrys wrong legal advice to the relevant quarters, that he now stands disqualified to be appointed to that office again on account of the provision regarding non-extendable period contained in section 6(b)(i) of the National Accountability Ordinance, 1999, as interpreted through the judgments of the apex court in the Haris Steel Mills case and in the present (NAB chief) case.

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