ISLAMABAD: The Islamabad High Court (IHC) on Wednesday rejected a petition filed by the Pakistan People’s Party (PPP) seeking annulment of the results of the election for the post of Senate chairman.
IHC Chief Justice Athar Minallah presided over the hearing of the case filed by former Prime Minister Yousuf Raza Gilani through lawyers Farooq H Naik and Javed Iqbal Vance. Following the hearing, the High Court dismissed the petition, saying that the proceedings of the Upper House of Parliament were exempt from the intervention of the High Court. The court also expressed the hope that political parties and the legislature would resolve their issues together without involving the judiciary.
In his judgment, Justice Minullah wrote that “the language used by the framers of the constitution to prevent a court from questioning the independence of the Majlis-e-Shura (Parliament) is clear and effective.” He observed that the constitution “clearly prevents the courts from investigating the veracity of parliamentary proceedings.” The IHC chief justice added that any attempt to “interfere” in the proceedings of parliament The dignity, dignity and liberty of the Constitution will be damaged and the Constitutional Legislative Forum will face unwelcome and unwarranted criticism.
Justice Minullah said in the judgment that the intervention of the courts would affect the confidence of the people in the parliament while it would also have consequences for the judiciary. “In a politically polarized environment, the intervention of the courts and also the disregard of the constitutional privileges, powers and reservations of the Majlis-e-Shura (Parliament) is likely to have serious flaws in the confidence of the people.” For, “he added.
Justice Minallah observed that the entire process of electing the chairman of the Senate was beyond the jurisdiction of the High Court and termed Gilani’s request as “unsustainable”. “This court expects that in order to maintain the dignity, integrity and independence of the Majlis-e-Shura (Parliament), the elected representatives and the political leadership will try to resolve disputes without involving the judicial branch of the state. Style The IHC’s decision states that the privileges, powers and protections enshrined in the constitution.
“In this case, the petitioner’s complaint is exclusively about questioning the veracity of the proceedings of the upper house of the Majlis-e-Shura (Parliament) and thus it is protected from the interference of this court under Article 69 of the Constitution,” the judgment said. It was said that the process of election of the Chairman Senate of Pakistan is definitely not of an administrative nature but a formal transaction of the business of the Upper House and its internal proceedings can be described fairly.
“Thus, the whole process is beyond the jurisdiction of the High Court. Even if it were not so, this court would have shown restraint for the independence, dignity and prestige of the Majlis-e-Shura (Parliament). The nature of the composition and status of the two houses is such that the court has to understand that it is capable of resolving extremely difficult and complex disputes without involving the judicial branch.
The court noted that the petitioner had taken the position that, as the joint candidate of the Pakistan Democratic Movement (PDM), he had the support of a majority of the competent members of the Senate, adding that it was clear that the majority was only Cannot remove current chairman. The Senate should elect Gilani as chairman. If this is the case, then the petitioner (Gilani) has a democratic and appropriate constitutional remedy. Adopting such a procedure would confirm the support of a majority of qualified members of the Senate and, at the same time, enhance the prestige and independence of the Majlis-e-Shura (Parliament).
The order further said that the court was satisfied that there was indeed a proper constitutional remedy that the seven senators had in fact intended to vote for Gilani. “In such a case, the judicial branch should exercise restraint despite the inclusion under Article 69 of the Constitution.”
Gilani’s request urged the IHC to announce the election results as well as decide to “annul” Sadiq Sanjrani as chairman of the Senate. The petition also called on the IHC to declare the rejection of seven votes for Gilani illegal and thus return him as a candidate for the post of Senate chairman.
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