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Nawaz's disqualification case: SC says no one is indispensable

17 October, 2014

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ISLAMABAD: Justice Jawwad S Khawaja on Thursday said no one in the world was indispensable and graves are filled with those who considered themselves vital in the world.

A three-member bench of SC led by Justice Khawaja took up the prime minister's disqualification case for hearing.

The judge said, "No one should think like this that the country will not run due to his existence or non-existence. Whatever we have to do is under the law and constitution."

He observed, "The distinction between ruler and ruled was existing before 1947. Now all have to appear before qazi (judge)..."

He added, "Amendments came in 18th amendment of the constitution, therefore, we want to review its implementation. Sindhu has raised several legal and constitutional points in his petition. We want to know the stance of attorney general on them. Supreme Court does not enact law or make constitution, however, it is its responsibility to ensure its implementation. Giving decision is domain of the judiciary. No one can deviate from constitution."

Justice Dost Muhammad Khan remarked, "No definition of Sadiq and Ameen has been made in the constitution. In this situation how will it be applied? The matter is very important. We want to give decision after full deliberation. Giving decision in line with law and constitution is job of the SC. We have nothing to do with it who thinks what upon it."

At the inception of the hearing, petitioner Gauhar Nawaz Sindhu while giving arguments invited the attention of the court to several crucial points. He raised the point that the mention of contempt of court was made side by side in respect of judiciary and army. Contempt of court is mentioned in Article 204, but the matters are still incomplete with reference to the army, he added.

The court observed, "As the petitioner has raised several important points, therefore, it is possible that we separate the application of Ishaq Khakwani from it. We want assistance from the attorney general. Where is he?"

The deputy attorney general told the court that companies have filed cases in the International Court of Justice against the SC decision on Reko Diq. The AG was in London in this regard and would return to the country next week, he said.

The court observed, "Assistance is being sought from the AG that which court will prove the offence of Prime Minister, The definition of Sadiq and Ameen is not laid down in the constitution, therefore, how will it be determined. What is the present condition of Articles 62 and 63 after passage of 18th amendment?"

The court adjourned the hearing for a week.


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