Case referred to LHC CJ

LAHORE Justice Sheikh Azmat Saeed of the Lahore High Court seeking larger bench for hearing of the case against Federal Minister Rehman Malik Wednesday referred the matter to the Chief Justice. The petition was filed by a citizen Mahfooz Ahmed to seek disqualification of Rehman Malik as a senator on the grounds that he was removed from service on criminal charges and did not qualify to represent in the parliament. It may be mentioned here on September 20 hearing, the judge had ordered the federal government to produce copy of notification through which removal from service of Rehman in FIA was converted into retirement by President Asif Ali Zardari while exercising his constitutional authority. The petitioners counsel sought time to file rejoinder on the notification. The petitioner contended that Rehman Malik was removed from service in Federal Investigation Agency (FIA) in 1998 and as such he was not eligible to be elected as member of the senate. However, the court through the law officer had learnt the federal governments view that President Zardari had converted the removal of Rehman Malik into retirement so objection taken by the petitioner had no effect according to law. The petitioner has also challenged the notification, which converted his removal into retirement pleading that the President had no authority to exercise power in that manner which was hit by Article 25 among others of the Constitution. He requested that the impugned notification be declared null and void.

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