SC prods Govt to hold fair polls
By Saad Saud

ISLAMABAD—Attorney General (AG) Malik Qayyum has said Supreme Court (SC) has no direct jurisdiction in presidential nomination papers case adding it is a purely electoral matter and high court is proper forum to hear the petitions against the Election Commission (EC) decision in this respect. .
He submitted this while giving arguments during hearing of constitutional petitions by SC 11-member larger bench challenging the acceptance of nomination papers of president Musharraf by EC for presidential election.
He agued political justice is matter of access to justice under article 4. It will have to be seen if it comes under jurisdiction of SC or otherwise. “It is my view point that this does not fall in the ambit of fundamental rights”, he said. . Therefore, the constitutional petitions are not maintainable, he pleaded.
Justice Khalil ur Rehman Ramday remarked “ we interfere if a girl elopes for her free will marriage. But why cannot we interfere in the matter as to who will be the president of the country. “We have taken suo moto notice of the matters related to traffic jam, hike in the price of vegetables and Lal Masjid issue”, he further remarked.
AG said the SC can interfere but we have to see the matter of jurisdiction too. High court is proper forum in this case. Justice Ramday observed “ you are saying country is in a state of quandary. How can we say the petitioner to approach high court in the prevailing uncertain situation. Its decision should come earlier so that the prevailing situation comes to end, he remarked. Several cases relating to elections are pending in high court. The tenure of assemblies is also going to expire. If you talk about high court then as to why the petitions be not kept pending in SC and we should wait further, he observed.
AG said the SC can interfere but we have to see the matter of jurisdiction too. High court is proper forum in this case. Justice Ramday observed “ you are saying country is in a state of quandary. How can we say the petitioner to approach high court in the prevailing uncertain situation. Its decision should come earlier so that the prevailing situation comes to end, he remarked. Several cases relating to elections are pending in high court. The tenure of assemblies is also going to expire. If you talk about high court then as to why the petitions be not kept pending in SC and we should wait further, he observed.
AG said if it can not happen so that these petitions be dismissed and the petitioners be directed to resort to high court. Justice Ramday remarked the question is not of office of president but it matter of national interest and court is hearing the case since two weeks. He further remarked “it is your actual point that the matter should first of all go to high court. All should be provided equal opportunity for justice. When the assemblies were dissolved the matter was moved to SC directly. Nawaz Sharif example is before us.
AG said Nawaz Sharif matter was matter of a political party. Justice Javed Iqbal observed it has become increased custom to look towards judges. The decisions should be seen rather than the judges, he further remarked. AG said “ we have accepted the verdict in chief justice case and we will accept this decision too.