Chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan on Monday urged the Supreme Court to set aside its Registrar’s objections over his petition seeking Prime Minister Nawaz Sharif’s disqualification.
In August 29,2016, filing the petition under Article 184 (3) of the Constitution, Imran Khan made Prime Minister Nawaz Sharif, National Accountability Bureau (NAB) of Pakistan, through its Chairman, Federation of Pakistan through Secretary Law, Federal Interior Secretary, Federal Board of Revenue (FBR), through its Chairman, Maryam Nawaz Sharif, Hussain Nawaz Sharif, Hassan Nawaz Sharif, Captain retired Muhammad Safdar, Member National Assembly, Senator & Federal Minister for Finance Ishaq Dar as respondents.
However, an Assistant Registrar of the Supreme Court returned his petition on August 30. Registrar’s office raised objections over the petition, terming it ‘frivolous’ within the contemplation of Order XVII Rule 5 of the Supreme Court Rules, 1980.
The Registrar’s office also added that the petitioner had not approached other appropriate forum or high court for redressal of his grievances.
Challenging the Registrar office’s objections, Imran said, “The reason advanced by the Registrar are against the letter and spirit of Article 184 (3) of the Constitution of Pakistan 1973 according to which there is no condition precedent to move the High Court prior to the invoking of this honourable court’s jurisdiction under Article 184 (3) Even otherwise these findings are against a plethora of judicial precedents of this apex court decided in the recent past”.
The PTI chairman further termed finding of the Registrar a clear violation of Order 33, Rule 6 saying,” Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for ends of justice or to prevent abuse of the process of the Court”.
Advancing his arguments, Khan said to ensure relevant material to the issue in question, whatever has been written is factually correct so there was no rhyme or reason on the part of the Registrar to dub the petition as frivolous.
The PTI chief prayed, “It is therefore respectfully prayed that this Civil Miscellaneous Appeal may kindly be accepted and the order of August 30, 2016 passed by the Assistant Registrar (Civil-II) for the Registrar be set aside and the constitutional petition be directed to be entertained and fixed for hearing”. -Business Recorder