Two petitions filed in PHC for Haji Adeel's disqualification

PESHAWAR - Two constitutional petitions filed at the High Court seeking disqualification of Senator Haji Adeel, first for participating in the NFC meeting and second for a statement wherein he allegedly suggested the deletion of the word Islamic from title of Pakistan. Senator Haji Adeel is a Senator on the ticket of Awami National Party from the North West Frontier Province (NWFP). The Peshawar High Court is yet to fix any date for hearing of the two constitutional petitions. Shahid Orakzai, a free-lance writer hailing from Orakzai Agency has moved the two constitutional petitions in the Peshawar High Court under Article 199 of the Constitution here on Tuesday. Senator Haji Adeel, Secretary Senate, federal and provincial secretaries Finance, Secretary to the President, and Secretary to the Governor of the province have been arrayed as respondents in the two separate petitions. The petition added that any person elected to Parliament could neither represent nor act on behalf of a provincial executive because such a person was not responsible to the provincial assembly. Senator Adeel was apparently appointed by President of Pakistan on the advice of the Governor and not after consultation as interpreted in article 260 of the constitution, the petition contends, and adds that because of inclusion of Senator, who is neither a minister nor an Advisor, the NFC was not properly constituted. The petitioner requesting that the appointment of Senator Haji Adeel is declared against the Constitution and in violation of terms of oath as taken under the Constitution. The petition, in interim relief requested that the Federation is asked to withhold any action in consequences of such an award. The second petition moved in Peshawar High Court says that Senator Haji Adeel on December 26, 2009 had reportedly stated, in celebration of Christmas, that the word Islamic should be deleted from the title of Pakistan, as given by the first article of Constitution. The petition contends that deletion of a fundamental word - like Islamic - from the Constitution can nullify the entire document, adding that the word Islamic is mentioned no less than thrice in the very oath the Senator took before taking his seat in the Senate. The petitioner requested the Senator has belied his oath and is hence disqualified from being a member of the Senate. He also requested, in interim relief, that the high court might suspend the membership of the Senator till the final decision on the petition.

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