Many people have been committing the sin of saying that the Supreme Court and Lahore High Court have been providing support to the PML-N government in Punjab by allowing it to continue on a stay order. The CJP has been pricked by this sin for sometime and decided to take the bull by its horns on Friday, March 11, 2011, by asking the Advocate General and formerly an employee of the Sharif Family, Khwaja Harris, to check with the registrar of Supreme Court as well as the Supreme Court website if such a stay order existed.
Khwaja Harris complied. Sat down with the Registrar. Checked the Supreme Court website and reverted that no such stay order existed.
CJP was satisfied with the feedback and said “Mogambo khush hua!”. He further roared “check your facts next time before you make an allegation!”
This expediency can only be seen from the CJP when he is pricked and his financial supporters in Raiwind are being affected.
Though a “Stay order” may not be in place, however, Shahid Orakzai’s petitions challenging Shahbaz Sharif’s eligibility to hold office remains unheard for more than two years. How can the Supreme Court hear such cases when it has important issues on hand like: humiliating the PPP Government and President Asif Zardari every now and then.
We publicly apologize to the Supreme Court that there is no stay order, however, we will now say that Supreme Court cannot hear these cases against Shahbaz Sharif as they are canvassing and paving way for the PML-N to form government sooner than later.
The case of missing stay order angers court
Dawn, March 12, 2011
ISLAMABAD, March 11: The Supreme Court on Friday advised people to check their facts with the Registrar before making statements on sensitive matters.
The advice came in the wake of claims that the Punjab government was functioning on account of a stay order issued by the apex court.
Chief Justice Iftikhar Mohammad Chaudhry issued the order after the chief law officer of Punjab, in the company of 10 press reporters, searched in vain for the alleged stay on the court website and relevant record of the court in the Registrar’s office. The office carried out the search on the chief justice’s instructions.
During the hearing of the Haj scam, a visibly disturbed court had taken notice of allegations raised during television programmes as well as published in the print media that the Punjab government was functioning on the basis of a stay order.
The controversy relates to a petition filed by Shahid Orakzai challenging the eligibility of Mian Shahbaz Sharif for holding the office of chief minister. The petition is pend ing before the Supreme Court. But no such stay was ever issued by the court.
In his petition, Mr Orakzai had contended that Shahbaz Sharif was not entitled to hold the office of the chief minister as he had vacated provincial constituency PP-10 Rawalpindi and had resigned from constituency PP-48 Bhakkar after his election as chief executive of the province.
Without having any seat in the assembly, he could not hold any office. On an earlier directive of the apex court, Mr Orakzai had withdrawn a similar petition pending before the Lahore High Court.
On Friday the chief justice in his order stated that the Advocate General of Punjab, Khawaja Mohammad Haris, was asked to clarify whether any case relating to stay being granted in favour of the Punjab government was pending in the Supreme Court.
Complying with the orders of the court, Khawaja Haris visited the office of the Registrar and examined the record and found no case pending. The registrar also submitted his report to the chief justice in which he sug gested that if any individual had information about such a stay order, he should bring it to the notice of the court.
The chief justice also offered that if any such case was pending, it would be fixed before the court on March 14.
In future, the chief justice said in his order, if anyone intends to make any statement in the above context, he should try check his facts with the registrar instead of coming out with a version which is not supported by the court record.
Meanwhile, in a press statement Khawaja Haris, the advocate general, asserted that there was no stay order of any nature passed by any court in Pakistan by virtue of which the government of Punjab was functioning.
He also requested the media to refrain from broadcasting or publishing such “false and malicious statements”.
Unless the authenticity of the statement is verified from the registrar of the court concerned, dissemination of such false statements was aimed at maligning the superior judiciary and amounted to committing contempt of court, Khawaja Haris said.