Change allowed in plea for PMs disqualification

LAHORE Justice Umar Ata Bandial of the Lahore High Court Thursday allowed amendment in the petition earlier filed to seek disqualification of Prime Minister Yousuf Raza Gilani and a high treason case allegedly for 'violation, subversion and perversion of the Constitution by him by way of repeatedly committing deliberate defiance of the Supreme Court order against the NRO in 2009. The petitioner Allah Buksh Gondal through his counsel Advocate AK Dogar while seeking disqualification of the prime minister has also prayed for declaring void Article 6(3) of the Constitution, relating to the trial for the act of high treason, to widen the scope of this provision to let even a laymen institute case for high treason. The court last day pointed out to the petitioner that the said section only provides for the federal government to kick-start a reference for high treason action against a person. The question arose if the petitioner intended to question the said section, he needed to amend the petition accordingly to give grounds for his prayer. The petitioner as such, sought permission from the court to amend the petition accordingly and the same was granted following which hearing of the case was adjourned indefinitely. The petitioner contends that upholding the Constitution and dignity of the state organ of judiciary is a sacred trust with the Prime Minister which he has allegedly betrayed constantly by not accepting the SC orders and directions from decision in NRO case till date. The petitioner has made reference to a number of cases allegedly defied by the executive and says, in one of them Attorney General Mansoor Ali Khan at the relevant time had informed the Court the law minister was impeding implementation of direction for reopening cases against the President before the Swiss Courts. That in order to bottleneck the implementation, the executive headed by the Prime Minister, appointed officers of choice in NAB and when the court took note of that the executive unleashed a malignant campaign against the apex court wherein the government ministers like Zulfiqar Ali Mirza publicly threatened to attack the SC judges and instigated strikes against the judiciary at the public level. He said the through a decision, the court had restrained the use of Presidency for party purposes, PPP meetings etc. but no heed was paid to this order. On the said and other facts and grounds, the petitioner has charged the prime minister for not abiding by the Constitution for the purpose of carrying out the SC orders which amounts to subversion and perversion of the Constitution on the part of him with reference to his elevated office.

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