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Procedural matters: LHC declines to stay Maryam Nawaz’s appointment as loan scheme chairperson

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LAHORE: 

The Lahore High Court on Friday declined to issue a stay order to stop Maryam Nawaz Sharif from working as the chairperson of the Prime Minister’s Youth Loan Programme.

The court was hearing a miscellaneous application by Advocate Sheraz Zaka in a main petition challenging her appointment as the chairperson.

The petitioner said that the government had issued a notification regarding the appointment of Maryam Nawaz as chairperson of the Prime Minister’s on Youth Loan Programme on November 22, 2013. He said that she had been appointed in violation of the law and criteria as neither a public notice nor an advertisement for the post had been issued previously.

He said prior consultation with the Council of Common Interest was mandatory under the law but the prime minister’s daughter had been appointed without following the procedure. He said the appointment had also violated the precedence set in the Anita Turab case in which the Supreme Court had laid down the procedure and criteria for making such appointments. The SC had ruled that all appointments would be made on merit and in a transparent manner.

The petitioner said that the notification had been issued on the directions of Prime Minister Nawaz Sharif, mentioning her daughter’s name as Maryam Nawaz Sharif, which was incorrect since her name was Maryam Safdar. He said the prime minister had violated Article 91(5) of the Constitution “by concealing this fact”.

The petitioner requested the court to set aside her appointment. He also requested the court to restrain Maryam from working until the main petition was the disposed of. Justice Ijazul Ahsan turned down the plea and said a stay order would not be issued without hearing the other side.

The court issued a notice to the federal government and sought a reply within 10 days.

Contempt petition filed against Imran Khan

A petition has been filed in the Lahore High Court seeking contempt of court proceedings against Pakistan Tehreek-i-Insaf chairman Imran Khan, accusing him of storming the courtroom of the chief justice with a large number of party workers. PML-N Lawyers’ Forum president Mian Sharif Zafar Joiya filed the petition through Barrister Asjad Saeed, saying that courts were not places for public assemblies and there was a sanctity attached to court premises and courtrooms around the world.

He said Khan and his supporters had jeopardised the ability of the court to dispense justice. Joiya said the right to form or be a member of a political party was subject to reasonable restrictions imposed by the law.  The petitioner said Khan had lowered the esteem of the court which was tantamount to contempt of court and the PTI chief should be tried for the same.

He further said that Imran Khan should be restrained from entering court premises without permission or an order of the court requiring his presence.

Published in The Express Tribune, May 10th, 2014.



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