Federation again files review petition in Asghar Khan’s case

The Federation Monday again filed a petition in the Supreme Court to review the apex court’s verdict in the Asghar Khan Case.

Earlier on Saturday‚ the petition was returned as it did not include the Court fee of Rs10 thousand. The 16-page petition seeks review of the observations of the apex court vis-a-vis office of the President.

The review petition maintains that the Asghar Khan case was about rigging in 1990 election and no questions were raised about the office of the President. Therefore‚ the court should not have given verdict on this aspect.

The petition says the incumbent President assumed office in 2008 and as the court was informed earlier no political cell existed in the presidency since then. In a 16 page petition filed by Deputy Attorney General on Saturday‚ the Federation has sought review of observations of the apex court vis-a-vis office of the President.

The petition also stated that the office of the president is a political position and that it cannot be clubbed with service of Pakistan rules. The petition says that the court has not the authority to deliver any verdict against the present.

It added that the president is the elected representative of specific and could not be stopped from taking part in politics. The petition says that president is elected by all provincial assemblies‚ Senate and National Assembly‚ adding that president could not be stopped from meeting with the politicians.

The petition says that it is wrong interpretation of judges that present has no immunity from the Article 260 of the constitution‚ adding that president also not come under the definition of the Service of Pakistan like prime minister and ministers.

The petition said that the case was about 1990 elections and summoning of the secretary of the incumbent president was discrimination because there was no complaint of presence of any political cell in president during the tenure of the incumbent president.

On 8th November‚ a three-judge bench comprising Chief Justice of Pakistan Iftikhar Muhammad Chaudhry‚ Justice Jawwad S Khawaja and Justice Khilji Arif Hussain issued a detailed judgment after hearing a petition filed in 1996 by former air chief Asghar Khan.

Asghar Khan’s petition pertained allegations against the ISI of distributing money among politicians before general elections of 1990 accusing ISI of dishing out Rs 140 million to create the Islami Jamhoori Ittehad (IJI) and prevent PPP from winning the polls.

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Posted by Faisal Farooq on Nov 19 2012. Filed under Latest News, National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.