MIAN DAWOOD
LAHORE – The law officers of the ruling PPP party on Monday did not appear before the Lahore High Court judges hearing different petitions, directly or indirectly, against the decisions and policies of the party’s stalwarts, including Prime Minister Syed Yousaf Raza Gilani, Punjab Governor Latif Khosa, former Federal Law Minister Babar Awan and others.
This quiet resentment of the Federation’s law officers against the LHC may create some more troubles for the PPP, which is already facing pressure from different walks of life for not implementing the Supreme Court’s orders, the law experts here believe. However, the law officers, requesting anonymity, said that they would assist the court when it would call them for assistance.
No deputy attorney general appeared on Monday before Justice Muhammad Khalid Mahmood Khan, despite the court’s calls during the hearing of the petitions seeking disqualification of Governor Khosa for his alleged involvement in political activities and misuse of government’s funds, and proceedings against PPP senator Babar Awan under contempt of court charges.
Petitioner-lawyer Afaq Ahmad stated that the governor was violating his constitutional limits and had been frequently witnessed indulging in political activities. He further alleged that the governor belonged to southern Punjab was utilizing government’s funds for the southern part of the province as parliamentary committee of his party (PPP) had passed a resolution for establishing another province comprising southern portion of Punjab.
Petitioner prayed to the court to take notice of the illegal acts on part of the governor and declare him ineligible to hold the office.
Due to the non-appearance of a federal law officer, Justice Khalid Mahmood Khan directed the federal law secretary to ensure submission of reply of federal government through a deputy attorney general on next date of hearing, Feb 6.
In second petition against PPP’s former law minister Babar Awan, Justice Khalid Mahmood Khan ordered to issue summons to PPP Senator Babar Awan through press advertisement as court notices had not been served on him because at the addresses of Babar Awan as his both offices Islamabad and Lahore were found closed.
The court directed issuance of summons through press advertisement for PPP’s senator Awan’s appearance in LHC on Feb 6. The same petitioner, Afaq Ahmad, contended that Babar Awan had been frequently targeting Supreme Court and uttered derogatory remarks against it on numerous occasions. He pointed out that Awan spewed poison against courts during his talks with media He argued that that it is a matter of fact that Awan had distributed sweets on awarding death sentence to Zulifkar Ali Bhutto by Lahore High Court but later he took U-turn and joined PPP. Now he is terming Bhutto’s conviction a judicial murder. He said it is a laid down principle of law that people should abstain from uttering remarks on a sub-judice matter but PPP’s legal wizard had not only criticized the apex court proceedings on memo scandal but also tried to establish that apex court had developed a secrete nexus with a political party.
Afaq prayed the court to barred senator Babar Awan from issuing any statement on sub-judice matters and initiate contempt of court proceedings against the PPP leader by declaring him as disqualified. The federal law officer was also not present on Monday in the court of Chief Justice Sheikh Azmat Saeed who resumed the hearing on a petition against sacking of defence secretary Lt Gen (retired) Khalid Naeem Lodhi by Prime Minister Syed Yousaf Raza Gillani.
However, the chief justice adjourned the hearing till Jan 18 and asked the petitioner-lawyer Azhar Siddique for further arguments on the maintainability of the petition against the dismissal of Mr Lodhi. The chief justice observed: “There are some unanswered questions regarding the maintainability of the petition because it is not filed by first aggrieved person, Khalid Lodhi.”
During arguments, advocate Siddique said being a citizen of Pakistan he could challenge the govt decisions that affect the nation and the country at large.
Muhammad Azhar Siddique, chairman of a public interest litigation company, Mohammad & Ahmad, had moved this petition stating that Prime Minister sacked Lodhi on the plea that the secretary had acted illegally and has violated the business rules.
He submitted the removal of Lodhi was based on malafidies and an attempt to create confrontation between the institutions as both the matters Memo-Gate Scandal and as well as NRO case the integrity, sovereignty of the country. Mr Siddique also pointed out that the ruling party took the impugned action to create hurdles for execution of any purposed orders by the Supreme Court.
He requested to set aside dismissal order of Khalid Naeem Lodhi and restrain Nargis Sethi from discharging the duties of defense secretary.