Case Details

Citation(s)
1997 SLG 874 1997 SLD 874 1997 CLC 1913
Lahore High Court
Writ Petition No.23121 of 1996, decision dated: 31st December, 1996
IHSAN-UL-HAQ CHAUDHRY, MALIK MUHAMMAD QAYYUM AND FAQIR MUHAMMAD KHOKHAR, JJ
A.K. Dogar for Petitioner. Dr. Khalid Ranjha, A.G. Punjab. Kh. Saeed-uz-Zafar, Dy. A.G. for Pakistan. Mian Abdus Sattar Najam and S.M. Masud for
Respondent No. 4

NOOR MUHAMMAD QURESHI

VS

Ms. BENAZIR BHUTTO and others

Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199, 62 & 63---Constitutional petition---Petitioner sought declaration for disqualifying respondent from contesting election as she had been ridiculing judiciary and, thus,, she had violated the provisions of Arts. 62 & 63 of Constitution of Pakistan---High Court, being mindful of the fact that the election process was going on and questions of disqualification of candidates were pending before functionaries under Representation of the People Act, 1976, observed that appropriate order, would be to direct such functionaries to give full effect to Arts.62 & 63 of Constitution of Pakistan. Fazlul Quader Chowhdry and others v. Mr. Muhammad Abdul Haque PLD 1963 SC 486 and Ms. Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416 ref. JUDGMENT IHSAN-UL-HAQ CHAUDHRY, J.---This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by Mr. Noor Muhammad Qureshi, an Advocate of this Court seeking a declaration that Muhtarma Benazir Bhutto, respondent No.4 herein, is disqualified from contesting the forthcoming election to the Parliament as she had been ridiculing the judiciary by using interpreting language. 2. Pursuant to the notices issued by this Court Dr. Khalid Ranjha, learned Advocate-General Punjab and Kh. Saeed-uz-Zafar, learned Deputy Attorney General for Pakistan have appeared. We have heard them as also Mr. A.K. Dogar, Advocate on behalf of the petitioner and Mian Abdus Sattar Najam and Mr. S.M. Masud, Advocates on behalf of respondent No.4. 3. The main burden of the argument of the petitioner's learned counsel was that it is the bounden duty & this Court to enforce the Constitution and give effect to Article 63(1)(g) of the Constitution which in unmistakable terms provides that a person shall be disqualified from being elected or chosen as a Member of the Majlis-i-Shoora if he is acting in any manner prejudicial to the integrity or independence of judiciary or defaming or…
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