Wednesday, February 10, 2010, Safar 25, 1431 A.H   ISSN 1563-9479
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 Govt seeks stay against disqualification

Sunday, March 22, 2009

By our correspondent

ISLAMABAD: The government on Saturday filed a petition in the Supreme Court praying for a stay order against the SC’s earlier decision, disqualifying the Sharif brothers from contesting election and holding any public office.

A three-member bench, headed by Justice Moosa K Leghari, had on February 25, 2009, disqualified the Sharif brothers from contesting election for any public office, upholding the decision of the Lahore High Court besides quashing the notification of the Election Commission, electing Mian Shahbaz Sharif as Punjab chief minister.

Earlier, the Federation had filed four petitions in the Supreme Court for the revision of its February 25 decision, declaring the Sharif brothers disqualified.

The attorney general, in a petition filed here today, made a plea that until a decision is taken on the revision petitions, the SC’s earlier decision of disqualification be stayed.

Meanwhile, the Supreme Court late on Saturday night issued a detailed judgment in the Sharif brothers’ disqualification case.

The review petitions were filed by Deputy Attorney General Agha Tariq Mehmood through Arshad Ali Chaudhry advocate-on-record (AOR).

The petitions said that the detailed judgment had not yet been announced, but the Federation was filing the review petitions, thus it had reserved the right to supplement its pleas and additional documents for other grounds on release of detailed judgment.

The Federation further stated that its petitions were dismissed by the Supreme Court through a short order on February 25 on the grounds that it was not maintainable.

The petitions said that the Federation was one of the respondents before the Lahore High Court in the writ petitions on which a full bench of the LHC had delivered its judgment on June 23, 2008, against which the Federation had filed a civil petition for leave to appeal (CPLA).

Therefore, the petitions said, being a party before the LHC proceedings, the Federation had the locus-standi to file the petitions before the Supreme Court and its petitions were maintainable.

The petitions submitted that the LHC verdict before the Supreme Court required serious in-depth and authoritative pronouncement, as it would have far reaching effect upon the electoral laws of the country and affect the fundamental rights guaranteed under the constitution.

On June 23, 2008, a full bench of the Lahore High Court disqualified PML-N Quaid Mian Nawaz Sharif from contesting election. However, the court had conditionally allowed PML-N President Mian Shahbaz Sharif to hold office of Chief Executive of the province.

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