LAHORE: Plea against Benazir dismissed

Published December 11, 2001

LAHORE, Dec 10: The Lahore High Court dismissed on Monday a writ petition seeking prosecution of Pakistan People’s Party leader Benazir Bhutto for her recent utterances, observing that it was for the executive to take notice of politicians’ statements.

Two petitioners had alleged through Advocate MD Tahir that Ms Bhutto spoke against the interests of Pakistan and the cause of Kashmiris, particularly during her visit to India. Replying to a court query, the lawyer said she had violated Article 6 of the constitution, the Official Secrets Act and a number of other laws.

Justice Karamat Nazir Bhandari, who heard the petition, asked the lawyer whether he had approached the police or any other agency or authority against the PPP leader? When the lawyer replied in the negative, the judge said he should have approached the authorities designated to take cognizance of the alleged violations before invoking Article 199 of the constitution.

JUDGES ELEVATION: An intra-court appeal filed by Mr Tahir for early elevation of Chief Justice Falak Sher and Justice Khalilur Rahman Ramday to the Supreme Court in accordance with the Judges Case verdict was on Monday heard by a new division bench, which adjourned it till the third week of January 2002. The bench had to be reconstituted because of the absence of Justice Chaudhry Ijaz Ahmad. It now consists of Justices Nasim Sikandar and Chaudhry Saeed Akhtar.

PLOTS CASE: An intra-court appeal filed by Advocate Saiful Haq Ziay against allotment of plots to judges was on Monday adjourned for Marach 12. In the absence of Justice Amir Alam Khan, who is about to retire, it was heard by a division bench comprising Justices Jawad S Khwaja and Sair Ali.

Mr Ziay, meanwhile, moved three applications seeking allotment record of the LHC judges elevated to the Supreme Court; omission of the name of Justice Khizar Hayat (retired) from the list of respondents and addition of Justice Fazle Mahmood (retired) in it; and incorporation of the 61-page LDA reply to his petition in the judicial record.

The LDA counsel said he would file the Authority’s replies to the applications in due course.

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