ISLAMABAD: The Pakistan Tehreek-e-Insaaf (PTI) on Monday filed a chamber appeal against the registrar office objections to its petition challenging the appointment of Mohsin Raza Naqvi as Punjab caretaker chief minister.
The registrar office had returned the petition by raising objections on it. On Monday, PTI Secretary General Asad Umer filed a chamber appeal under Order V Rule 3 of the Supreme Court Rules 1980 against the January 31, 2023, order of the registrar for returning the petition with objections.
The PTI, while referring to the objection that the petition had not pointed out as to what public importance was involved in it, submitted that it was without foundation, adding that the petition specifically stated that it had challenged the May 20, 2022 notification of the National Assembly speaker to treat Raja Riaz Ahmed as Leader of the Opposition as unconstitutional and the appointment of Members of the Election Commission to be unconstitutional as well as the appointment of the caretaker chief minister by the ECP being in violation of the Article 224(3) of the Constitution.
“These are all questions of public importance and involve the violation of due process and rights guaranteed under the Constitution and these aspects cannot be decided by a high court”, the PTI contended.
Similarly, it submitted that the objection that no notice was issued to the respondent was also without substance. It said it had been rectified and the notice was in accordance with law and new notices could be issued on the direction of the Apex Court. Referring to the objection that they had not approached any other appropriate forum, the PTI submitted that the matter related to all provinces of Pakistan in the context of general elections, which were to be held presently in the province of Khyber Pukhtunkhwa and Punjab and were likely to be held within in Balochsitan and Sindh.
“Indeed any single high court at this point of time cannot exercise or adjudicate on a case which relates to all provinces of Pakistan”, the PTI contended, adding that the registrar had wrongly exercised his jurisdiction and returned the constitution petition as being not entertainable. “It has been done in an arbitrary manner resulting in a miscarriage of justice,” it claimed.
The PTI prayed the court to accept its appeal and the order passed by the registrar office on January 31, 2023 on the petition be set aside as being without lawful authority and not sustainable in law and the Constitution and the petition be entertained and placed before the apex court for a decision on merit in the interest of justice.
The registrar office had returned the PTI petition with objections that the petitioner had not pointed out as to what questions of public importance in the case were involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution so as to directly invoke the jurisdiction of the Supreme Court under the Article 184(3) of the Constitution.
It further objected that the ingredients for invoking the extraordinary jurisdiction of the court under the Article 184(3) of the Constitution had not been satisfied. The petitioner has not approached any other appropriate forum available under the law for relief and has also not provided any justification for not doing the same, the registrar office maintained.
The office further objected that no proof or resolution to the effect that petitioner was general secretary of the Pakistan Tehree-e-Insaaf and filing the petition on behalf of the political party. Likewise, the registrar office said the chief minister of Punjab had been impleaded as a respondent, however, he could not be impleaded as party under the Article 248 of the Constitution.
