Lahore High Court Chief Justice Umar Ata Bandial on Thursday overruled objections from the registrar’s office, and admitted for hearing a petition seeking to direct the federal government to hold talks with the Taliban and allow them to open an office in the country. The office had pointed out that the matter was apparently a police matter and not a constitutional violation.
The petitioner, Advocate Kashif Solomani, said Articles 2, 3, 4, 5, 6(2a) (3), 8, 9, 10A, 19A, 31, 37, 38, 40 of the constitution were being violated. He named the federation of Pakistan, the Ministry of Interior, the Ministry of Defence and the Ministry of Finance as respondents. He stated that surgical strikes against the Taliban without a dialogue were wrong. He asked that the respondents be directed to hold talks with the Taliban to ensure peace.
He said “The armed forces have lost 15,681 men fighting militants in the Tribal Areas since 2008. Some 5,152 civilians have been killed and 5,678 injured in bomb blasts and suicide attacks since 2008.” Solomani said Pakistan had suffered economic losses after becoming an ally of the US in its war on terror.
He said in-flows of foreign investment had been adversely affected by travel bans issued by western governments. He said a large portion of Pakistan’s human and material resources had been consumed by the war for several years.
Solomani said talks with the Taliban were an “efficacious, adequate and alternative remedy”. He added that military action had borne no fruit so it was time to try dialogue. He said the Tehreek-i-Taliban Pakistan had denied involvement in three recent bomb attacks in Khyber Pakhtunkhwa.
He said a Taliban office would facilitate the process of dialogue. He added that according to the United Nations Charter sanctions could not be imposed on Pakistan for holding talks with the Taliban.
After hearing the preliminary arguments, the court overruled objections and admitted the petition for regular hearing.
Judges cannot hear case due to ‘personal reasons’
Justice Shujaat Ali Khan of the Lahore High Court on Thursday recused himself from the petition against the demolition of a part of Lady Willingdon Hospital to make way for a flyover.
When the hearing was called, the judge said he could not hear the case due to personal reasons and referred the matter to the LHC chief justice to be fixed before another bench.
At the previous hearing, Justice Ijaz Ahmed Chaudhry had stayed the demolition of a part of building of the hospital and issued notice to the government.
Young Doctors Association (YDA) and Pakistan Tehreek-i-Insaf (PTI) leader Yasmin Rashid had filed the petitions.
Published in The Express Tribune, February 7th, 2014.