960429

Govt re-files

reference to

SC signed

by president

SIKANDER HAYAT

ISLAMABAD: The Government on Wednesday resubmitted the reference duly signed by President Farooq Ahmad Leghari invoking the Supreme Court's advisory jurisdiction on a host of questions which, the government believes, have arisen from the apex court's decision in the judges case.

A note attached to the resubmitted reference said 'refiling has been done without prejudice to our earlier position'. A Supreme Court source confirmed receipt of the reference, but said 'no bench for the hearing of the presidential reference has yet been constituted'.

The Supreme Court has returned the earlier presidential reference, which was submitted on May 16, with the remarks that it could not be entertained as it did not bear the President's signature.

Within hours of the Court's decision to return the reference, Minister of State for Law Raza Rabbani had claimed that the apex court's move was the 'most unusual'. Next day, May 20, the Federal Cabinet decided to resubmit the reference, but left it for the legal experts to advise whether or not the President's signature was required. The Cabinet also noted that 'it is for the first time that a presidential reference has been returned by the Supreme Court'.

Next day, May 21, the Supreme Court Registrar issued a handout asserting that neither the return of the presidential reference was for the first time nor it was the most unusual act. The Court also briefly recounted how previously, since early 1950s, such references were filed under the President's signature. The government, however, insisted that, since the promulgation of 1973 Constitution, no reference was signed by the President.

In fact, when the reference was filed, the official media tried to project that it had been done in the name of Farooq Leghari. But, a clarification issued by the Aiwan-i-Sadr the very next day gave the impression that it was not signed by the President.

The presidential reference has raised some fundamental questions even questioning the validity of Chief Justice of Pakistan Syed Sajjad Ali's holding of his present position. The reference has also made the plea that a Full Court may hear the reference, and at an early date.

Almost simultaneous to filing of presidential reference, the government had also submitted a review petition in the Supreme Court. Against the March 20 landmark judgement in the famous judges case, the government had two options; one, to seek review under Article 188, two, to invoke the Supreme Court's advisory jurisdiction under Article 186. The government has exercised both the options.