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Thursday, March 14, 2013
SC rules Qadri lacks bona fides in ECP pleaISLAMABAD: Issuing its detailed judgement in the petition against the formation of the Election Commission of Pakistan, the Supreme Court has observed that petitioner Tahirul Qadri lacked bona fides in approaching the Court under Article 184(3) of the constitution.
Authoring the judgement, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry noted that as per the record and transcript of Qadri’s speech, submitted by himself, he made reference to Article 254 of the constitution for justifying a delay in holding the general elections. To achieve his declared agenda, he led a long march, which concluded after the signing of a bilateral agreement between him and the coalition government. The court observed that by pledging loyalty to another a country, a citizen loses some of his rights under the law. The constitution of Pakistan expressly bars any person holding dual nationality from contesting elections and becoming a member of parliament. Therefore, his interests cannot be the same as those of a citizen who is entitled to participate in the elections. The court observed that the entire country, including political parties and the voters, is geared up for holding and contesting the upcoming elections.
The court dismissed the petition for being without substance. Qadri had approached the court with a petition filed under Article 184(3) of the constitution that empowers the Supreme Court to make an order in its discretion “if it considers that a question of public importance with reference to the enforcement of any of the fundamental rights is involved”. The Court has appraised its historic judgements on the matter and explained that it is up to the Supreme Court to consider each case to determine whether an element of public importance is involved in the enforcement of fundamental rights. staff report
Courtesy www.dailytimes.com.pk