Plea challenging powers of President, PM, others dismissed

LAHORE-Justice Sheikh Azmat Saeed of the Lahore High Court on Thursday in limine dismissed a Constitutional petition which questioned the discretionary powers of the President, Prime Minister, Governors and the Chief Ministers to seek a court verdict for declaring them un-Islamic, unconstitutional and discriminatory. Upholding the Constitutional provisions relating to the discretionary powers of the top public functionary of the State of Pakistan, the Court noted some of these powers are such which are exercised in vital interests of the country and to protect the same. The court found no merit in the petition and dismissed the same. Ghazi Ilmuddin Advocate inter alia contended that discretionary powers are opposed to the spirit of Islam and principles of equality as laid down in the Constitution. The judge ,however, held that discretionary powers enjoyed by President and other office-holders are not without purpose as they are exercised both at national and the international level for the national cause. Observing possibility of some of the discretionary powers being misused, the judge ,however, required their retention with the said functionaries holding that they are also exercised to help the needy and the down-trodden and award national heroes in different walks of life for their meritorious services to the nation and the country. The judge also noted that the same powers are exercised by the public officer holders like President and Prime Minister to protect the national interests while dealing with foreign countries. At one point in the course of arguments, the petitioner expressed his displeasure with distribution of public money under the discretionary authority to the hockey players and film actors in a situation when million were suffering the scourge of floods and had nothing to sustain themselves. The Judge did not mind award of money to the national heroes posing a question, should those be committed to jail who bring good name to the country?. The petitioner counsel on its referred to the Wikileaks cables and said, they are projecting the true face of the politicians, under whose commands these power are. It was stated in the petition that Holy Prophet Muhammad (PBUH) and subsequent Caliphs of Islam did not exercise discretionary powers in the manners being enjoyed in the present times by our rulers. He said the exercise of discretionary powers by rulers deprived citizens of their fundamental rights and equal treatment at all levels.

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