Supreme Court Hears Constitution Petition No. 87 OF 2011

Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard Constitution Petition No. 87 of 2011 (Workers Party Pakistan, etc Versus Federation of Pakistan, etc.). After hearing the counsel for the petitioners and the respondents in the case, the bench passed the following order:-

“The learned Attorney General for Pakistan states that the Election Commission of Pakistan, respondent No.3 herein, has filed reply to the petition, but as far as the Federation of Pakistan through Ministry of Law and Justice is concerned, no reply has been submitted on its behalf, therefore, he needs some time to take instructions either from the Law Ministry or from any other concerned quarter, in view of the importance of the petition and the questions raised therein, relating to interpretation of different provisions of Constitution and law.

2. Ch. Shujat Hussain and Mr. Mushahid Hussain Syed, President and Secretary General of PML(Q) have appeared, in person, and stated that this case is very important for the strengthening of democracy in the country, therefore, the same may be heard on preferential basis, if possible. Learned counsel for the petitioners also insisted for the reply of Federation of Pakistan through concerned Ministry/Division, as according to him ultimately it is the Federation of Pakistan, which is supposed to implement and enforce the law as well as the judgments, therefore, it would be advisable, if the learned Attorney General seeks instructions and files the reply of the petition.

3. We do agree that in the instant petition important questions of interpretation of the Constitution and law touching to the fundamental rights of general public and strengthening the democratic institutions are involved, therefore, we adjourn this case for 09.04.2012, however, in the meantime, we would expect from the learned counsel for the petitioners that he should file his formulations in writing before the next date of hearing and he may also handover copies of the same to all the learned counsel for the respondents as well as to the learned Attorney General for Pakistan, enabling them to go through the same and prepare the case accordingly.

4. Meanwhile, any of the respondents or any other political party, which is interested to join the present proceedings may appear and file their concise statements without seeking any formal permission from the Court and if filed, the office shall handover the same to the learned counsel for the respondents as well as the learned Attorney General for Pakistan. To be placed at Sr.No.1.”

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Supreme Court of Pakistan
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