ISLAMABAD - Speaker Balochistan Assembly on Thursday filed the petition against the Balochistan High Court Divisional Bench. However, the lawyer for the Speaker told TheNation that as the consensus has been developed on the name of interim Chief Minister of the province, therefore, he would withdraw the petition today. Kamran Murtaza, counsel for Balochistan Speaker, said: "After the consensus on interim CM there was no need of pursuing the matter further." The Speaker Balochistan filed the civil petition for leave to appeal under Article 185(3) of the Constitution against the judgment of Divisional Bench BHC dated 19-03-2013, praying it should be set aside.
He contended whether the High Court has jurisdiction to proceed with the matter, while it is not hit by Article 69 of the Constitution, and whether the authority of the Speaker can be take by the High Court in violation of Section 2 (d) of Balochistan Provincial Assembly (Salaries and Allowances) Act 1975.
Kamran Murtaza, counsel, argued that the BHC Bench misread and mis-appreciated the material available on the record and arrived at a conclusion, which does not commensurate from the record, therefore, 'the impugned judgment being bad in law is liable to be set aside.