ISLAMABAD - The Islamabad High Court (IHC) Friday issued notices in Pakistan Muslim League – Nawaz (PML-N)’s intra-court appeal (ICA) against a single bench’s verdict wherein it had turned down a petition of the party challenging the presidential reference which says that seat of a member of parliament would become vacant if he fails to take oath within 60 days.
A division bench of IHC comprising Justice Miangul Hassan Aurangzeb and Justice Tariq Mehmood Jahangiri conducted hearing of the petition moved by PML-N through Senator Azam Nazeer Tarrar.
In this matter, the bench also issued the notices to the attorney general for Pakistan and deferred the hearing.
Earlier, a single bench of IHC comprising Chief Justice Athar Minallah had dismissed the petition filed by the PML-N through its parliamentary party leader in Senate of Pakistan.
The PML-N adopted in its ICA that the impugned order of the single bench of IHC is liable to be set aside for ignoring patent illegality through which the executive has sought to push through the impugned ordinance.
It maintained that it is a settled law that courts shall intervene whenever executive action suffers from illegality, irregularity or procedural impropriety.
Therefore, the PML-N prayed to the court to set aside the IHC single bench’s order and declare the impugned Ordinance de-seating a member of Parliament is ultra vires the Constitution and is tantamount to amending the Constitution