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Section:

SAJJAD ALI SHAH, C J.---Both the Constitutional petitions captioned above have been filed under Article 184(3) of the Constitution in which is challenged the proclamation dated 5th November, 1996 whereby the President of Pakistan has dissolved the National Assembly exercising his power under Article 58(2)(b) of the Constitution and further directing therein that the Prime Minister and her Cabinet. shall cease to hold office forthwith. Petitioner Mohtrama Benazir Bhutto filed her petition directly in this Court on 13-11-1996 while petitioner Yousaf Raza Gilani, who was Speaker of the National Assembly at the relevant time when the Proclamation was issued, filed his petition directly in this Court on 11-11-1996, which was two days before the filing of the petition by Mohtrama Benazir Bhutto. It would be worthwhile to mention here at the very outset that Mohajir Qoumi Movement ( MQM ) filed Civil Miscellaneous Application No.805 of 1996 in Constitutional Petition No.58 of 1996 and Civil Miscellaneous Application No.806 of 1996 in Constitutional Petition No.59 of 1996 on 7-12-1996 under Order 1, Rule 10, C.P.C. with prayer that MQM should be impleaded as necessary party as respondent in these petitions. Likewise, Syed Iqbal Haider filed Civil Miscellaneous Application No.848 of 1996 in C.P. No.59 of 1996 and Civil Miscellaneous Application No.935 of 1996 in C.P. No.58 of 1996 on 11-12-1996 under Order 1, Rule 10, C.P.C. with prayer to be joined in the proceedings as one of the necessary parties. Syed Iqbal Haider has filed these civil miscellaneous applications in his capacity as a Pakistani citizen and also as Chairman of Muslim Welfare Movement of Pakistan which, he claims, works for human rights, fundamental rights, rule of law and supremacy of the Constitution. Mr. Aitzaz Ahsan, learned counsel in C. P. No. 59 of 1996 also filed Civil Miscellaneous Application No.6 of 1997 seeking dismissal of the application filed by MQM for impleadment as a party in the proceedings against which reply is filed by MQM which is registered by the office unnecessarily as C.M.A. No.7 of 1997. Since it is a reply, there was no need of giving it a separate number as it can be…