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Published 17 Nov, 2012 10:17am

Govt files review petition against Asghar Khan case verdict

ISLAMABAD: The federal government filed a review petition on Saturday challenging the Supreme Court's verdict in the Asghar Khan case.

According to a copy of the petition obtained by DawnNews, the government has maintained in the petition that the apex court does not have the authority to issue such an order regarding the president, arguing that court’s observation regarding the presidency needs to be reviewed.

The SC’s detailed verdict in the Asghar Khan case issued on Nov 8 had dwelt at length on the role of the president and the involvement of his office in politics.

The president has no authority to create an election cell or to manage in any manner or by giving directions to the armed forces or to civilians to make efforts to achieve desired results, the detailed order said, adding: “If any such illegal order is transmitted, the same is not worthy to be obeyed.”

Saturday’s review plea, filed by the government through Deputy Attorney General Dil Mohammad Ali Zai, challenges the SC’s observation regarding the presidency.

There is no active election or political cell in the Presidency, argued the review petition, adding that the court did not consider the constitution’s Article 260 during its decision.

The petition said that the Asghar Khan case, which was filed against the doling out of public funds for the illegal rigging of the 1990 election, does not involve the current president’s office, and that the courts observation needs to be reviewed.

The petition further adds that the president’s authority is only symbolic, and that after the 18th Amendment the president’s office does not hold any executive powers.

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