LHC refuses to fix plea against judges, generals

LAHORE: The Lahore High Court Registrar Office on Wednesday refused to entertain during winter vacation a petition seeking enforcement of accountability laws on judges of superior judiciary and army officers/generals like other citizens of the country.

The Registrar Office said it was not such an urgent matter that could be fixed during vacation. Advocate Ghulam Yaseen Bhatti had moved the petition. The petitioner’s counsel AK Dogar stated that no one was above the law and even immunity under Article 248 of the Constitution was not available to prime minister for any criminal act or anything which is contrary to the law. He said there was no provision in the Constitution to create a special institution, a court or tribunal for the accountability of judges and generals. He stated that Article 209 of the Constitution dealt with only professional misconduct and not any offences under the laws pertained to accountability for criminal acts. He stated if a judge or army general possessed assets beyond known sources of income, he could be indicted under Section 9 (v) of the National Accountability Bureau Ordinance 1999 and punished with rigorous imprisonment. He stated the judges and generals were bound by the accountability laws applicable to other public office holders.

He stated a 1978 judgment of the LHC had said, “Islam does not believe in creation of privileged classes, it believes in equality. Ruler and the governed are alike. It is opposed to all kinds of class distinction. He requested to enforce fundamental rights of equality before law and declare that the judges and generals are bound to prevailing accountability laws in the country like other citizens.