Chief Justice says Qadri’s petition is not maintainable

Tuesday, February 12th, 2013 3:27:41 by

Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, said Tuesday that petition filed by Tahirul Qadri regarding reconstitution of election commission is not maintainable under provisions of the constitution.


He made these observations during hearing of Tahirul Qadri’s petition in Islamabad on the second consecutive day.


Iftikhar Muhammad Chaudhry advised Tahirul Qadri to go to any other appropriate forum for relief. He said that the Supreme Court does not have the authority to hear quo warranto writ.


Qadri submitted his written reply in the court regarding his dual nationality and responded to questions raised by the bench about his dual nationality.


The Chief Justice told Qadri that he had attacked a constitutional institution, arguing that all institutions must be respected.


During the hearing Qadri read out details of his Pakistani passport and submitted a written statement about the questions arising over his ‘locus standi’ under the enforcement of fundamental rights.


The apex court maintained that dual nationals cannot be allowed to interfere in internal politics, adding that Qadri is known as the “Sheikhul Islam” but has sworn his allegiance to Queen Elizabeth.


“The doors of the parliament are closed for you but your interference in domestic politics is questionable,” he added.


Justice Gulzar also pointed out that a person who has taken oath for loyalty to another country would not be permitted to influence Pakistan’s politics and to file a petition for reconstitution of the Election Commission of Pakistan (ECP).


The court asked Qadri should thus approach a high court before coming to the Supreme Court.


Qadri later told reporters that the Supreme Court has accepted his petition and has been hearing it since two days. But, he added, that the court wants to determine whether they can resolve his issue as he is a dual national before discussing the ECP reconstitution.


“The court has sent notices to all respondents in the case,” he went on to say. He said that voters can be dual nationals but the elected representatives cannot.


“If dual nationality divides loyalty, then the Constitution of Pakistan should take notice of it. The law of Pakistan should take notice of it,” he stated.

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