1998 PLP 1318 (SCMR)

Date of hearing: 16th March, 1998. This petition was presented on 12-11-1997 in which following prayer was made:-- . "It is, therefore, respectfully prayed that this Hon'ble Apex Court of Justice may be pleased to interpret Articles 238, 239 and Objectives Resolution of the Constitution under Article 2A of the Constitution. To declare Act No.I of 1997 (13th Amendment) of the Constitution is ultra vires to Articles 5, 238, 239 and Special Oath of the Members of the Parliament under Schedule III of the Constitution and the 13th Amendment Act, 1997 in the Constitution as harmful. To suspend the operation of 13th Amendment Act, 1997 under section 2, forthwith. Any other relief or reliefs which this Hon'ble Court may deem fit and proper under the circumstances of the case may be awarded."

2. It seems that on 21-I1-1997, notice was ordered to be issued to the learned Attorney-General for Pakistan and the respondent for hearing of both the Constitutional Petition and the civil miscellaneous application for 27-11-1997. On 27-11-1997 the above petition and the miscellaneous application were adjourned to a date in office in the following week. Then the matter came up for hearing on 1-12-1997, but was adjourned for the following day, i.e. 2-12-1997 as no sitting of the Court took place for expressing solidarity with the members of the Bars. On 2-12-1997 an interlocutory order was passed suspending the 13th Amendment, which was passed unanimously by the Parliament and thereby restoring Article 58(2)(b) of the Constitution, i.e., the power to dissolve the National Assembly. and to dismiss the Federal Government was restored. It appears that the above suspension order was suspended by a Bench consisting of 10 Judges of this Court on the very day and the case was ordered to be listed before the larger Bench for 4-12-1997. On the above date Mr. M.A. Zaidi, learned AOR appeared and filed an application stating therein that on 3-12-1997 he had contacted petitioner's counsel Mr. Shahzad Jehangir, learned Sr. ASC on the telephone and informed him about the order passed by the Court, who declined to attend the hearing. He also stated that he had no further instruction. However, notice was ordered to be issued to the petitioner for a date in office. After the above order, Mr. Shahzad Jehangir appeared on 20-1-1998 for the petitioner when by consent the case was adjourned to 23-2-1998, on which date it could not be taken up as Bench-I was busy in the contempt of Court, cases and was adjourned for 25-2-1998. On the latter date also the above Constitutional petition could not be taken up as the Bench-1 remained busy in the aforesaid Contempt of Court cases. The same was adjourned for today.

3. Mr. M.A. Zaidi, learned AOR, appearing for the petitioner, states that he contacted Mr. Shahzad Jehangir and informed him about today's date of hearing, but he has not turned up. He, however, is not ready to argue the petition. On the contrary he requests that he may be allowed to withdraw from the case. The above request of withdrawal at this stage cannot be allowed.

4. Mr. Ch. Muhammad Farooq, learned Attorney-General for Pakistan on Court's notice and Mr. Syed Sharifuddin Pirzada, learned Sr. ASC for the respondent are present. Since no one is prepared to argue the above petition on behalf of the petitioner, we have no option but to dismiss the petition for non-prosecution, Order accordingly.

5. We are of the view that the above petition prima facie was frivolous and therefore we would impose costs of Rs.10,000 to be deposited by the petitioner within one month. A.A./I-14/S Leave refused