1999SCMR2166 (PLP)
Mr. ASIF ALI ZARDARI, SENATOR — Appellant Versus FEDERATION OF PAKISTAN through Secretary Interior,
| Citation | 1999SCMR2166 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Munawar Ahmed Mirza and Sh. Ijaz Nisar, JJ |
| Parties | Mr. ASIF ALI ZARDARI, SENATOR — Appellant Versus FEDERATION OF PAKISTAN through Secretary Interior, |
| Primary Law | Rules of Procedure and Conduct of Business of Senate, 1994 |
Q1: What are the key laws and sections cited in 1999SCMR2166 (PLP)?
This judgment primarily cites: Rules of Procedure and Conduct of Business of Senate, 1994 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2166 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Munawar Ahmed Mirza and Sh. Ijaz Nisar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2166 (PLP) (Mr. ASIF ALI ZARDARI, SENATOR — Appellant Versus FEDERATION OF PAKISTAN through Secretary Interior,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Haider, Advocate Supreme Court for Appellant.
- Sh. Anwarul Haq, Deputy Attorney-General for Respondents.
- Date of hearing: 28th August, 1998.
- 2. Learned counsel for petitioner emphatically contended that the petitioner has a Constitutional right to participate in the proceedings of the
Headnotes / Summary
R. 72-A
Senator, at present lodged in jail, moved application before Supreme Court for issuing directions to the Federation of Pakistan of ensuring his participation in all sessions of the Senate including the one being held presently
Supreme Court, in circumstances, directed the Federation of Pakistan to make all the necessary arrangements for allowing the Senator to attend the current session, provided the proceedings of the Court were not affected, which were to have precedence.
Judgment & Decree
Sh. Anwarul Haq, Deputy Attorney-General for Respondents. Date of hearing: 28th August, 1998. This is an application submitted on behalf of Senator Asif Ali Zardari for issuing directions to the respondents of ensuring his production in all Sessions of the Senate including the one being held presently.
2. Learned counsel for petitioner emphatically contended that the petitioner has a Constitutional right to participate in the proceedings of the Senate, and it was obligation of the Chairman, Senate by virtue of Rule 72-A of Rules of Procedure and Conduct of Business of Senate, 1994, to summon a member in custody to attend a sitting of the Senate.
3. The Deputy Attorney-General has vehemently opposed the petition and contended that previously permission was granted to the petitioner only for one session and there is no necessity for his participation in the current session and that the question regarding his attending future session has to be decided by the Court seized of the main appeals.
4. We have considered the arguments and perused the record. It may be seen that this Court while granting leave in appeals filed by the petitioner and counter-appeal filed by the Federation of Pakistan vide common order dated 24-6-1998 made the following observations:-- "Since the petitioner is at present lodged in Adiala Jail, in our view, it will be just and proper to issue direction to the Jail authorities and to the Federation to allow the petitioner to attend the forthcoming session of the Senate. The petitioner shall also attend the Court proceedings by adjusting his schedule. The appeals arising out of the above two petitions may be fixed for hearing at an early date."
5. It is not disputed that the petitioner is presently lodged, in Adiala Jail, Rawalpindi, to face proceedings before Ehtesab Bench. On the parity of circumstances and existence of identical position, we grant him the same relief as was granted to him earlier by this Court. We, therefore, direct the respondents to make all the necessary arrangements for allowing the petitioner to attend the current session, provided the proceedings of the Court are not affected, which shall have certainly precedence. M.B.A/A-182/S Order accordingly.