LAHORE - The Lahore High Court on Wednesday dismissed a petition challenging the posting of six judicial officers including LHC Registrar Sardar Naeem Ahmad.
Justice Nasir Saeed Sheikh passed the orders on the petition moved by Advocate Muhammad Afaq and it was fixed as an objection case after Registrar Office put objection that the petition was not maintainable.
During the proceedings, the petitioner’s counsel submitted that the judicial officers could not be appointed in their district of domicile, as per National Judicial Policy. He submitted that six judicial officers including LHC Registrar were posted in Lahore which was their district of domicile.
He contended that the postings were made against the National Judicial Policy. He pleaded the court to remove objection put by the court office.
However, the court declined the request and sustained objection observing that the judicial officers could be appointed at any place across Punjab, as per High Court rules.
ISHAQ BAIL PLEA ADJOURNED TILL NOV 4: A Division Bench of the Lahore High Court on Tuesday adjourned hearing on bail plea of Malik Ishaq, a leader of Ahle Sunnat Wal Jamat (formerly known as Lashkar-i-Jhangvi) till November 4th.
As the hearing started, Ishaq’s lawyer appeared before the court and contended that Bhakkar police lodged cases against Ishaq on August 8th, 2012 and February 2 for making provocative speeches at public gatherings, allegedly to spread hate and create unrest.
The lawyer denied the allegations levelled in the cases and contended that the petitioner had never made provocative speeches.
He requested the court to accept bail application and issue directions to the police to release the petitioner.
The officials of the Home Department, Punjab Prosecution Department and police opposed the bail application and requested the court not to pass orders for release of the accused.
They said that the police had sufficient record and material against the accused.
They said the release of the accused would cause law and order situation in the province.
The bench headed by Justice Anwarul Haq adjourned the hearing till November 4th and directed the parties to advance more arguments on next date of hearing.
Malik Ishaq had moved the bail application in two cases registered against him in Bhakkar. Bhakkar police lodged cases against Ishaq on August 8, 2012, and February 2 for making provocative speeches at public gatherings, allegedly to spread hate and create unrest.
Ishaq has been in jail for the last three months. In his bail plea, Ishaq said he was innocent and being victimised him for his religious beliefs.
He requested the court to grant him bail and direct police to release him.
LB POLLS PLEA ADJOURNED: The Lahore High Court was told on Wednesday that non-party based elections of the Local Bodies were against the spirit of democracy.This was stated by an amicus curie Rasul Bakhsh Rais, Director General Institute of Strategic Studies Islamabad which appeared before a special Division Bench on being summoned.
Assisting the Bench, Rasul Bakhsh Rais maintained that democratic system could only be strengthened, if the political parties have their roots in the people.
The LHC Chief Justice Umar Ata Bandial and Justice Farrukh Irfan Khan adjourned the hearing of petitions against non-party based Local Government elections in Punjab till October 31st and directed the Punjab government’s counsels to submit further arguments.
The bench is hearing petitions filed by PPP, Pakistan Tehreek-i-Insaf (PTI) and others.
Earlier, a provincial law officer submitted that Local Governments were not legislative but administrative institutions. He said that the Constitution demands elections of legislative institution on party basis whereas elections of Local Governments could be held on non-party basis.
The bench after hearing the arguments directed the Punjab government’s counsels to continue arguments on next date of hearing on October 31st.
The PPP, PTI and others through their petitions contended the Sections 1(3), 13, 14, 15, 17, 92(3), 95(2), 105(4), 110, 111, 112, 113, 114,122, 123 and 125 of Punjab Local Government Act-2013 were in violation of the Section 9, 10A, 17, 19(a), 32 and 140 A of the Constitution.
They pleaded the court to declare the Sections as ultra vires of the Constitution.
GOVT GIVEN MORE TIME TO SUBMIT REPLY: The Lahore High Court on Wednesday allowed more time to the Punjab government to file its reply in response to a petition moved by the Pakistan Tehreek-e-Insaf challenging the formation of district coordination committees. As hearing started, a provincial law officer appeared before the court, asking Justice Ejazul Ahsan to grant some more time to file the reply. The judge accepted his plea and directed the Punjab government to file its reply until November 6.
Opposition leader in the Punjab Assembly Mian Mehmoodur Rasheed and other PTI MPAs has stated in the petition that the Punjab government is doing delimitations for local bodies elections on its on choice. They termed the provincial government’s step as pre-poll rigging. They pointed out the party had approached the Election Commission of Pakistan against the DCCs, but in vain.
The petitioners alleged that the government had released billions of rupees to these DCCs which would be used to influence voters in the local bodies’ elections.
They requested the court to take notice of the matter and annul the formation of DCCs by declaring them as illegal and unlawful.
Talking to media, Mehmoodur Rasheed said that the PTI would participate in the local bodies elections with full spirit. He alleged that the PML-N had planned to carryout rigging in the polls, but his party would never leave the ground open for its opponents.