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Published 24 Jul, 2012 08:07pm

Petition against deputy PM dismissed

HYDERABAD, July 24: The Hyderabad circuit bench of Sindh High Court dismissed on Tuesday a petition challenging the appointment of Chaudhry Pervaiz Elahi as deputy prime minister.

The bench comprising Justice Shahid Anwar Bajwa and Justice Azizur Rehman dismissed the case because an identical petition had been dismissed in Karachi by a division bench of the SHC.

“The judgement of a division bench is binding on another division bench as per the reported verdict of the Supreme Court in Supreme Court Monthly Review 1995,” Justice Bajwa wrote in the order.

He was informed by the Deputy Attorney General (DAG) Mohammad Ali Shaikh that an identical petition had recently been dismissed at the principal seat therefore this court also should reject it.

The court asked from the petitioner’s counsel, Amin Sipyo, to satisfy the court on the maintainability of the petition. He argued that his petition had been fixed for Tuesday for comments and respondents were required to file the notification of the appointment of deputy prime minister which they didn’t. He said he had submitted the notification in question along with the petition.

He said that there was no provision in the constitution for the post of deputy prime minister. He also sought time for arguments.

Justice Bajwa asked the counsel to say what sorts of powers had been given to the deputy prime minister which constitutionally fell within the domain of the prime minister.

The petition was filed by advocate Liaquat Baloch, who is also joint secretary of the District Bar Association of Kandhkot-Kashmore.

He said Prime Minister Raja Pervez Ashraf exceeded his authority designating Pervaiz Elahi as deputy prime minister which was inviolation of provisions of Article 90 and 91.

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