| Citation(s) |
|---|
| 2016 SLG 1040 2016 SLD 1040 2016 PLD 402 |
Lahore High Court
Writ Petition No. 37312 of 2005, decided on 14th December, 2015.
SHAHID WAHEED, J
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Writ Petition No. 37312 of 2005, decided on 14th December, 2015.
SHAHID WAHEED, J
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Sheikh MUBASHAR IRFAN
VS
PRESIDENT OF PAKISTAN and 3 others
Law:
Section:
Constitution of Pakistan--- ----Arts. 47, 63 & 199---Constitutional petition---Maintainability---Impeachment of the President---Petitioner was aggrieved of certain remarks made by the President of Pakistan in a speech and alleged that under Art. 16(g) of the Constitution, the President stood disqualified to hold office--- Validity---Procedure stated in Art.47 of the Constitution did not admit filing of petition under Art.199 of the Constitution for a direction or order to Speaker of National Assembly or Chairman Senate to initiate proceedings on the charge of violating Constitution or gross misconduct against the President at the instance of a lawyer or a citizen---Wisdom in such procedure was that the President as the symbol of unity of Republic was entitled to the highest respect and esteem---High Court under Art. 199 of the Constitution could not take upon itself the exercise to record even a tentative finding that the President had violated the Constitution or committed misconduct warranting initiation of proceedings for his removal or impeachment under Art.47 of the Constitution as it would be contrary to the language and spirit of said Article---Constitutional petition was dismissed in circumstances. Haji Rana Muhammad Shabbir Ahad Khan v. Federation of Pakistan through Attorney General for Pakistan and another PLD 2001 SC 18; Dr. Azim ur Rehman Khan Meo v. Government of Sindh and another 2004 SCMR 1299 and Suo Motu case No.15 of 2009 (PLD 2012 SC 610) ref. Shahid Orakzai v. President of Pakistan, Islamabad and another 1999 SCMR 1598 rel. ORDER SHAHID WAHEED, J.---Prayer in this petition is to issue a direction or order for the removal of respondent No.1 from the Office of the President of the Islamic Republic of Pakistan. 2. The above noted prayer has been made on the basis of following opinion/observation/ remarks made by respondent No.1 in his speech which he delivered at PTEA Export Excellence Awards, 2015 ceremony. 3. The above extract of the speech has piqued the petitioner. It is the case of the petitioner that the said opinion/observation/remarks are against the injunctions of Islam and the Constitution and, therefore, the respondent No.1…
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