LAHORE - A full bench of the Lahore High Court (LHC) on Thursday observed that immunity was not granted automatically in any case and it needed to be pleaded.
A five-member full bench led by Chief Justice Umar Ata Bandial is hearing contempt of court petition against President Asif Ali Zardari for not relinquishing political office in view of the LHC’s earlier order. Justice Nasir Saeed Sheikh, Justice Sheikh Najamul Hassan, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah are other members of the bench.
The contempt petition was moved by Munir Ahmad through Advocate Azhar Siddique and AK Dogar.  The petitioner lawyers and government counsels on Thursday exchanged harsh words when the full bench refused from adjourning the hearing in view of strike call given by Pakistan Bar Council against the judicial policy.
Advancing arguments, Dogar said no one enjoyed immunity in contempt of court. He said the Supreme Court in its various orders made very much clear about president’s immunity.
He said he had approached the court for the implementation of the Constitution and not to get any one rewarded with punishment. Under the parliamentary system of the government, the president was powerless and had no immunity over contempt of court proceedings, Dogar added.
At this, Justice Nasir Saeed Sheikh said approaching the court over the issue of presidential immunity was mandatory.
The lawyers said it had been explained in the Asghar Khan Case that no public office holder could run a political party under Article 17 and 260 of the Constitution. The chief justice remarked that there was no need of contempt proceedings against anyone if judicial orders were being implemented. The bench adjourned further proceedings until today (Friday). Also, the LHC restrained the Punjab government from terminating at least 110 contract employees of Punjab Irrigation and Drainage Authority (PIDA) whose services were going to be expired on Dec 31.
Earlier, the LHC had also stopped the provincial government from taking any adverse action against 51 employees of the authority. Justice Muhammad Khalid Mahmood Khan resumed hearing on a petition moved by Nasim Abbas and 109 employees seeking regularisation of their contract services in view of the court’s earlier verdict.
A provincial law officer informed the court that the government had not yet submitted reply sought by court on last date of hearing and more time be given for the same.
The petitioners counsel argued that the government was intentionally delaying the submission of reply. He said that the government did not want extension of the contracts of PIDA employees which would be expired on Dec 31, 2012. He requested the court to stop the government from terminating the petitioners till the final fate of the petition. The court accepted his request and directed the government not to terminate the services of petitioner-employees till next date of hearing.
The judge also gave more time to provincial government for submission of reply and adjourned hearing until Jan 28.
EXTENDED: The LHC extended for one month a stay order granted against additional tax on incoming calls to Pakistan.
Justice Ijazul Ahsan adjourned hearing until January 14 when he was informed that the notification withdrawing the additional tax had not been submitted before the court so far and the federal government needed more time.
A Lahore based Local Loop Operator (LLO) Brain Telecommunication limited had challenged the additional tax on incoming calls. The petitioner trough Barrister Umar Abdullah had contended that imposition of tax on incoming call was a clear violation of the CCP rules. He said the Ministry of Information and Technology had issued a policy directive asking the PTA to immediately execute an agreement, International Clearing House (ICH), with 14 LDIs.