ISLAMABAD - The Islamabad High Court (IHC) Tuesday summoned the Attorney General for Pakistan to assist the court in hearing of the Intra Court Appeal (ICA) filed by Yousaf Raza Gillani against the Senate chairman election. 
A division bench of IHC comprising Justice Aamer Farooq and Justice Tariq Mahmood Jahangiri conducted hearing of the ICA filed by Pakistan Peoples Party (PPP) leader and Senator Yousaf Raza Gillani against the IHC decision wherein it had turned down the PPP leader’s petition challenging the result of the elections for the chairman Senate. 
During the hearing, Additional Attorney General Tariq Khokhar represented the federation in the court and asked the court to summon the attorney general in his personal capacity in this matter. 
He added that it is a constitutional issue and the single bench had earlier dismissed the petition. Then, the bench asked the other parties of the case about summoning of the AGP and the petitioner’s expressed their consent to the suggestion. 
Senator Ali Zafar and Barrister Saif appeared in the court hearing on behalf of the Senate secretariat. 
Later, the IHC bench deferred the hearing of the case till May 26 for further proceedings. 
In the appeal filed by Gillani, his counsel Farooq H Naek prayed to the court that the single bench of IHC did not take into account complete facts during the proceedings of the case. 
He added that illegal activities can be interpreted by the courts whereas it was the job of the court to provide compensation for illegality and in such cases the court has to check the intention of the voter. 
The petitioner maintained that the court is requested to accept the intra-court appeal and single bench decision be rejected. 
Earlier, a single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah had rejected his petition by declaring the same non-maintainable after hearing the arguments. 
The IHC bench had observed in the judgment that it is the case of the petitioner that he was a joint candidate of the PDM which commands a majority in the Senate of Pakistan and that he ought to have been declared as a returned candidate because of the numerical strength and the petitioner asserted that, as a joint candidate of the PDM, he has the support of the majority of the worthy members of the Senate. 
The court noted that it is thus obvious that the majority cannot only remove respondent no.6 (Sadiq Sanjrani) but, simultaneously, elect the petitioner to the office of the Chairman. “If that is the case, then a democratic and adequate constitutional remedy is available to the Petitioner,” maintained Justice Athar. 
He added, “For the above reasons, the petition is neither maintainable nor is this Court inclined to exercise its extraordinary jurisdiction under Article 199 of the Constitution by issuing notices. Consequently the petition is accordingly dismissed.” 
The IHC Chief Justice further said, “This Court expects that, in order to maintain the dignity, integrity and independence of Majlis-e-Shoora (Parliament), the chosen representatives and political leadership will endeavour to resolve disputes without involving the judicial branch of the State, by giving effect to the privileges, powers and immunities prescribed in the Constitution.” 
In his petition, Senator Syed Yousaf Raza Gillani invoked the jurisdiction of this court under Article 199 of the Constitution of the Islamic Republic of Pakistan, challenging the process of election to the post of the Chairman of the Senate of Pakistan and the rejection of seven votes by the Presiding Officer, namely, Senator Syed Muzaffar Hussain Shah, in particular.