2011-04-29

SC moved against presidential reference

LAHORE, April 28: The Supreme Court has been moved through an application petition to declare the presidential reference to revisit murder trial of ZA Bhutto not maintainable.

Advocate Allah Bakhsh Gondal filed this application with the Lahore Registry through senior lawyer A.K Dogar, claiming his constitutional right to intervene in the proceedings of the presidential reference before the Supreme Court.

Mr Dogar pleaded the reference filed by president under article 186 of the Constitution is not maintainable and SC has no jurisdiction whatsoever to deliver an opinion on the questions referred to it.

The counsel to establish his argument has taken many grounds and stated that the judgment of the SC in ZAB case was a judicial verdict handed down in exercise of the adjudicatory power of the SC. Any opinion rendered by the SC in exercise of its advisory jurisdiction cannot override a judgment delivered in accordance with law and facts of a particular case, he pleads.

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