CPP files petition in SC against Qadri’s long march.


IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD.

(Original Jurisdiction)
 

Constitutional Petition No.           of 2013.
 


Communist Party of Pakistan,
Through its Central Chairman:
Engineer Jameel Ahmad Malik,
Communist Party Secretariat,
1426-Fateh Jang Chowk,
Attock Cantonment.
               
                                                 .........Petitioner


Versus

 

1.            Federation of Pakistan through the Secretary Ministry of Interior, 
Government of Pakistan, Islamabad. 

2.       Pakistan Awami Tehreek through its President Faiz-ur-Rehman Durrani,

Central Secretariat: 365-M, Model Town, Lahore.

3.       Dr. Muhammad Tahir-ul-Qadri, Patron-in-Chief of Minhaj-ul-Quran International, 
365 M, Model Town, Lahore. 
4.       Minhaj-ul-Quran International, 365 M, Model Town, Lahore. 
5.       Chief Election Commissioner of Pakistan, Election Commission of Pakistan, 
Constitution Avenue, Islamabad.  
6.       Muttahida Qaumi Movement Pakistan through its Deputy Convenor 
Dr. Farooq Sattar, House No. 268, P.I.B., Colony, Gulshan Town, Karachi.
7.       Pakistan Peoples Party Parliamentarians through its Secretary 
General Senator Jehangir Badar, House No. 1, St No. 85, G-6/4, Islamabad.
8.         Pakistan Muslim League (N) through its Quaid Muhammad Nawaz Sharif, 
PML-N Head Office, House No 20-H, Street No. 10, Sector F-8/3 Islamabad.
9.       Pakistan Muslim League (Shujat) through its Secretary General 
Senator Mushaid Hussain, Central Secretariat, 4 Main Margalla Road, 
Sector F-7/3, Islamabad. 
10.     Awami National Party through its President Asfand Yar Wali Khan, 
Baacha Khan Markaz, Pajagai Road, Peshawar.
11.     Jamiat Ulama-e-Islam (F) through its Ameer Moulana Fazal-ur-Rehman, 
Jamia-al-Moarf, Al-Sharia, Dera Islmail Khan. 
12.     Jamaat-e-Islami Pakistan through its Ameer Syed Munawar Hasan,    
Mansoora, Multan Road, Lahore.       
                                                            ………          RESPONDENTS

A Constitution Petition under the Article 184(3) read with the Articles 16, 17, 19 and 20 of the Constitution of the Islamic Republic of Pakistan 1973, seeking declaration that the Respondents No. 3 and 4 be refrained not to indulge in any political activity of long March on the platform of the NGO Minhaj-ul-Quran (Respondent No. 4) as it is in violation of Article 16, 17, 19 and Article 20 and also to take appropriate actions to prevent any violation of law and public order until the decision on this constitutional petition.

 

Respectfully Sheweth,
 

               That the aforesaid Constitutional Petition under the Article 184(3) 
of the Constitution of Pakistan, 1973 read with Articles 16, 17, 19 and 20 and 
Section 1 of the Societies of Registration Act, is being filed by the petitioner 
on the points of law, facts and grounds, as narrated, herein as under:-
  

POINTS OF LAW:

A.           Whether an NGO like Minhaj-ul-Quran registered under the Societies Act, 
1860 can violate its constitution and can indulge in politics in violations to its 
aims and objectives as enshrined in the Articles and Memorandum of Association 
of Minhaj-ul-Quran?

B.           Whether an NGO like Minhaj-ul-Quran registered under the Societies Act, 
1860 can violate its constitution and can give call of long March to Islamabad on the 
January 14, 2012 in violations to its aims and objectives as enshrined in the 
Articles and Memorandum of Association of Minhaj-ul-Quran?

C.            The right to form association or union or political party is a vested 
and constitutional right of every citizen of Pakistan under Article 17 of the 
Constitution but does association registered under sub-article 1 can perform the 
functions of a political party registered under sub-article 2 of Article 17 of the 
Constitution of Pakistan, 1973? The answer is NO.

D.           That no association or union formed or operating under sub-article (1) 
of Article 17 can engage in any political activity and can give the call of long 
March as mentioned in sub-article (2) of the same Article. Whether this view 
is correct and lawful?

E.            Under Article 184 (3) not only an aggrieved person but any person 
can knock the doors of Supreme Court and question of locus standi or on the right 
forum is thus not attracted if a question of public importance with reference to 
the enforcement of any of the Fundamental Rights is involved. Supreme Court is the 
right forum under Articles 16, 17, 19 and 20 and if Supreme Court abstains from 
doing what is lawful and right, the Articles 16, 17, 19 and 20 than becomes 
totally nugatory and redundant and this is against the basic spirit of the 
Constitution of Pakistan, 1973. Is this view of the petitioner is legal and correct?

F.            Whether the interpretation of Article 17 of the Constitution of Pakistan, 
1973 is the responsibility of the Supreme Court of Pakistan or the Parliament?

 

FACTS OF THE CONSTITUTIONAL PETITION:

 

 

1.            That this is a public interest petition.

2.           That the petitioner is a political party established in almost every country of the world. In some parts of the world, the Communist Party is a ruling party and in the rest of the countries, it is opposition of the ruling party. Its basic manifesto is to have socialism based on the ideology of Karl Marx, who was a German philosopher, political economist, historian, political theorist, sociologist, communist and a great revolutionary of all era. Communist Party of Pakistan (CPP) under its subjective condition is in the political arena for the social change, free from exploitation of man by man and is working for the welfare of the downtrodden and poor masses. Accordingly, the CPP files this petition through its Central Chairman, Engineer Jameel Ahmad Malik for barring the Respondents No. 3 and 4 after his call of long March to Islamabad on 14th of January, 2013 for plotting to block upcoming general elections on the so-called programme of election reforms on the following facts and grounds, which are as under:-

 

3.         That Dr. Tahir-ul-Qadri (Respondent No. 3) alongwith the other members formed an NGO with the name MINHAJ UL QURAN INTERNATIONAL (Respondent No. 4) on the 17th October 1980 under the Societies of Registration Act, 1860 with the following aims and objectives as narrated on the official website of Minhaj-ul-Quran http://www.minhaj.org which are as under:-

“In order to promote and propagate true Islamic teachings and philosophy, revive Islamic sciences, and for the moral and spiritual uplift of Muslim Umma, dissatisfied with the existing religious institutions and organizations and their narrow-minded approach, Dr Qadri founded Minhaj-ul-Quran in 1980 and established its headquarters in Lahore. Vigorously pursuing its well-defined objectives and spreading its comprehensive and all-encompassing sphere of activity, including welfare, education, promotion of love culture and spiritual uplift all over the world, it is probably one of the largest non-political, non-sectarian non-governmental organizations in the world. Since its establishment on 17th October 1980, it has rapidly grown and, within less than 30 years, its organizational network has expanded to more than 90 countries worldwide. Minhaj-ul-Quran is unmatchable for its rapid growth and no contemporary religious or political organization or movement has spread worldwide in such a short span of time.”

 

Major Objectives of MQI

 

Elaborating the aims and objectives of MQI, the founding leader Shaykh-ul-Islam Dr Muhammad Dr. Tahir-ul-Qadri stated:

 

“The primary aim of the Minhaj-ul-Quran International is to bring about a comprehensive and multidimensional change in the society which at the same time ends the academic and ideological deadlock and revive, once again, the exterminated moral and spiritual values (of Islam), and also exalt the Muslim Umma to an admirable and respectful status among the comity of nations by a continuous struggle based on glorious foundation laid down by the Holy Prophet (blessings and peace be upon him) on the universal principals of Love, Peace and Knowledge.”

 

Minhaj-ul-Quran is not a movement based on just imaginary and impracticable ideology and philosophy but, on the contrary, is based on a comprehensive and practicable ideology. Its leadership has not only introduced the ideology but also provided a detailed strategy to be practically put into practice. Moreover, it aims at reviving the true values and principles of Islam, eliminating the social, cultural, ideological, moral, spiritual, economical, legal and political decline of Muslim Umma in particular and the whole mankind in general. Love, peace, harmony, universal brotherhood, justice, equity and prosperity lie only in the revival of these values. With this well-defined goal fixed, the MQI has laid down four major objectives to achieve.

  • Dawa and Propagation of True Islamic Teachings
  • Reformation of the Moral and Spiritual Affairs of Umma
  • Revival of Islamic Sciences
  • Promotion and Renaissance of Islam”

4.         That also on 25th of May, 1989  Dr. Tahir-ul-Qadri formed a political party called the Pakistan Awami Tehreek (PAT) with the following aims and objectives as narrated on the website of PAT  http://pat.com.pk and facebook of PAT https://www.facebook.com/PakistanAwamiTehreek/info which are as under:-

“Pakistan Awami Tehreek is a political party of Pakistan working for democratic political values in the country. Its main emphasis is towards the betterment of masses on social, cultural, and religious footings, to enlighten them with the knowledge of their rights and duties and to present a realistic, rational and scientific picture of Islam.

 

Over the past 2 decades Pakistan has been through many turbulent times, non more so than the last few months, which we have all witnessed. The prospects and potential of this country have been transformed by the energy of the people of Pakistan. Now we face new challenges and opportunities. We must deal with them with the same clear thinking and robustness.


Previous governments have failed to deliver on the public services. The result is that the basic facilities of life are still beyond the approach of common man. It is imperative that the issues concerning our public services are dealt with. The institutions that hold this country together, and even its independence as a nation, are under threat.


We need a Common Approach because the potential of this country is huge and cannot be realised if we have successive governments that simply spend its inheritance and squander the country’s wealth on inefficiencies.


The PAT intends to lead that Common Approach. Our principles and traditions mean that we are in an ideal position to do so. Throughout our election campaign we will be highlighting our policies and fighting hard to serve the people of Pakistan in the way a true democratic government should. A comprehensive national educational policy to streamline the education system in accordance with the demands of the present age will be implemented. The government of Pakistan Awami Tehreek will work out policies for the enhancement of national resources and riddance of debt-ridden economy. We will establish public-private partnership and reduce red tape. Industry will be set free to compete. Equality, inclusiveness, putting people first will provide basic facilities of life and equal job opportunities.”

5.       That in 1990, Pakistan Awami Tehreek (PAT) participated in the national elections just one year after it was founded. In 1991, PAT and TNFJ (Tehrik-e-Nifas-e-Fiqh-e-Jafria – a shia political group) now known as Tehrik-e-Jafria signed a ‘Communique of Unity’ to promote social and religious harmony. In another move, PAT introduced an idea of “working relationship” between the three national political forces, PAT, TNFJ and Tehreek-e-Istaqlal.

From 1989 to 1993, Dr. Tahir-ul-Qadr continuously worked as an opposition leader tying to indicate the government’s mistakes and to suggest ways for improving the situation in the political, educational, and economical fields. In 1992, he presented a working plan for interest-free banking in Pakistan covering all kinds of national and international transaction.

At the general elections on 20 October 2002, Dr. Tahir-ul-Qadri was elected as an MNA (Member of the National Assembly) from his Lahore constituency. On 29 November 2004, Dr. Tahir-ul-Qadri announced his resignation as a Member of the National Assembly. Explaining his resignation he cited the President’s broken promises, political corruption and blackmailing, the undemocratic system, institutional inabilities, failures of accountability, the sabotage of National Assembly, global issues including Pakistan-US relations, international terrorism and US global domination, Israeli aggression, the Iraq war, Islamabad-Delhi relations including the Kashmir dispute and Pakistan-Afghanistan relations. His 41-page resignation statement is available online to read.

Dr. Tahir-ul-Qadri after his resignation migrated from Pakistan to Canada and obtained Canadian Nationality in 2006 as per his own version and admission in Geo TV talk show Aapas Ki Baat with Najam Sethi few days back and due his migration and Canadian Nationality,  Dr. Tahir-ul-Qadri ceases to be the President of Pakistan Awami Tehreek (Respondent No. 2) vide Clause 5 of the Political Parties Order, 2002 and accordingly the Pakistan Awami Tehreek (Respondent No. 2) elected Mr. Faiz-ur-Rehman Durrani as its President instead of Dr. Tahir-ul-Qadri.

The Chief Election Commissioner of Pakistan has specifically made a necessary party as Respondent No. 5 of this constitutional petition so as to verify, as to who is now the President of the Pakistan Awami Tehreek. However, the Pakistan Awami Tehreek (Respondent No. 2) decided to boycott the Pakistani General Election of 2008 and for the coming General Elections, they are also not participating.

6.       That it was in October 2012 while addressing the members of Minhaj- ul-Quran (Respondent No. 4), Dr. Tahir-ul-Qadri (Respondent No. 3) disclosed that he would hold a rally at Minar-i-Pakistan Lahore on the 23rd of December, 2012 on the slogan “Saisat Nai Raisat Bachao” and eventually the Respondent No. 3 addressed the rally organized and funded by the Respondent No. 4 (Minhaj-ul-Quran) and in that rally and public gatherings Dr. Tahir-ul-Qadri announced the following agenda as described in all the national dailies of 24th December, 2012 and was also telecast live on all Pakistani TV channels and other international electronic media on the same day of 23rd December, 2012, which as per News International reporting on his website http://www.thenews.com.pk/Todays-News-13-19669-Reform-system-or-four-million-will-march-on-capital-Qadri-tells-govt is as under:-

“Reform system or four million will march on capital, Qadri tells govt

 

LAHORE: Claiming that the present electoral and political system is a sheer violation of the Constitution, Tehrik-e-Minhajul Quran (TMQ) chairman Dr Tahirul Qadri has threatened to lead a protest march on the federal capital if the government fails to begin electoral reforms by January 10, 2013.

Addressing a mammoth public meeting at Minar-e-Pakistan on Sunday, which could be termed one of the biggest rallies at this ground, he warned: “If the job is not done till that time we will throng Islamabad on Jan 14, with a gathering double the size of today’s, and the marchers would decide for themselves how to eliminate the corrupt and dishonest from the system.”

He said the people of the country would not accept unconstitutional elections. Therefore, he said, reforms were inevitable in the electoral system.

 

He claimed that two million people attended the gathering, and warned the rulers of a march on Islamabad by four million.

 

Dr Qadri warned that if the authorities concerned fail, “I will convene a people’s parliament in Islamabad on Jan 14 to take decisions in the interest of the people which professional parliamentarians had been refraining from throughout our history.”

 

He did not specify what kind of changes he wanted in the electoral and political system, but kept shedding light on how the parliamentarians from feudal and capitalist families had been plundering national wealth and depriving the poor of their rights and their livelihoods. He said the entry of looters into parliament would be blocked.

 

While clarifying certain misgivings about his sudden return from over six years exile to launch a full-fledged movement that appeared to to be an attempt to postpone elections, Dr Qadri declared on oath that his movement was not part of the agenda of any secret agency of any country, and that he would be the first to speak out if the army ever tried to take over the country.

 

“My ultimatum is for all stakeholders of the present system, including the judiciary, armed forces, politicians, bureaucracy and common man, to sit together and decide necessary changes in the system within the specified time to ensure that all constitutional provisions governing the conduct of free, fair and impartial elections are implemented in letter and spirit.

 

“All I want is complete implementation of the Constitution, whether it takes more than 90 days to correct the rotten system, which is also allowed by the Constitution under article 254 that says the extra time taken to bring the system in line with the Constitution would not invalidate the move,” he said.

 

In his two-and-a-half-hour speech, Dr Qadri cited several articles of the Constitution which required honest, righteous and trustworthy people to contest elections that should be free, fair and independent. “But the parliamentarians coming from feudal and capitalist families had been violating the Constitution by loot and plunder, causing irreparable loss to the country and depriving the masses of their rights.”

 

Dr Qadri quoted articles, 3, 9, 37, 38, 38-2-b, 62, 63, 218, 218-c and 254 etc. elaborating what requirements had been made in them but which had been disregarded by the ruling elite with complete impunity that caused a plethora of evils in the country like corruption, terrorism, drone attacks, nepotism, rigging, unemployment, kidnapping for ransom etc.

 

“But all those who have been talking of implementing the Constitution had only known just one article of it, which required elections to he held within 90 days,” he said, ridiculing those people who had been rejecting the entire the Constitution with complete disregard but escaped punishment since they were those who made the law.

 

Dr Qadri’s mega show of power was fully supported by several parties including delegations from the MQM, Majlis-e-Wahdat Muslemeen (MWM) and several other small parties. The former PPP Punjab president Imtiaz Safdar Warraich was also present as was an MQM delegation, led by parliamentary leader in the National Assembly Dr Farooq Sattar, and comprising others including former MNA Haider Abbas Rizvi, Raza Haroon, Wassay Jalil and Iqbal Muhammad Ali Khan, MWM Punjab general secretary Abdul Khaliq Asadi and Iqbal Kamrani etc were also present on the stage but they did not speak on the occasion.

 

The TMQ chief said that those who have taken up arms and are indulging in extremism due to some misunderstanding are also the sons of the soil. He invited them to join hands with him if they wanted an end to drone attacks and to rid the country of foreign dominance. Addressing the extremists, he said if they talk of social and legal justice, the Constitution and real Islamic values, he would stand with them. “And if there is the matter of protection of mosques and Imambargahs and people’s lives, you would stand by me,” he added.

 

Dr Qadri particularly thanked the Muttahida Qaumi Movement chief Altaf Hussain for sending a 50-member delegation comprising parliamentarians and workers to attend the historic public meeting in Lahore. He thanked the MQM delegation for backing his party’s cause of ridding the country of the corrupt system. He also thanked Dr Abdul Qadeer Khan for sending a delegation to participate in the rally. He also thanked the media for providing complete coverage to the rally proceedings. Dr Qadri expressed his regret over the killing of Awami National Party leader Bashir Ahmad Bilour and offered his condolences to ANP chief Asfandyar Wali and the family members of the deceased.

 

Talking to the media, all of the visiting political leaders expressed total support to Dr Qadri’s agenda and said they wanted him to succeed in changing the corrupt political system.

 

Dr Qadri took a promise from the gathering that they must reach Islamabad at all costs if his deadline was not met and there should be no need for him to issue a formal call for Jan 14, 2013. He asked them to sell their houses, assets and other valuables to reach Islamabad if they had to. “This is a noble cause to provide the usurped rights of 180 million people, and not a petty selfish work to realise personal aims,” he exhorted them.

 

The gathering comprised mostly youth and students of educational institutions affiliated with the TMQ and its subsidiaries, who came from all parts of the country along with their families. A large part of the crowd comprised women who had been holding children and babies, and were chanting slogans.

 

The crowd exhibited complete discipline during the meeting, but trouble was seen after the culmination of the rally when people began to return to their buses and wagons, parked in the nearby Atiq Stadium and Manto Park. Some incidents of stampede also occurred as people rushed to board their buses.

 

AFP adds: “Elections without reforms will be meaningless and people will reject the results if they are held under the existing system,” said Qadri. He said Pakistan’s political and economic system had “collapsed”, as it revolved around wealthy, landed aristocrats, and industrialists, and failed to allow honest people to reach parliament.

 7.      That the petitioner party duly registered with the Election Commission of Pakistan (Respondent No. 5) is aggrieved on the above mentioned address and the other addresses, press conferences and various talk shows of the Respondent No. 3 (Dr. Tahir-ul-Qadri) on the platform of an NGO Minhaj-ul-Quran (Respondent No. 4) and which also infringes the rights of the petitioner under Article 17 and others relevant Articles of the Constitution of Pakistan, 1973 on the following genuine grounds as under:-

GROUNDS:

 

8.       Accordingly this constitutional petition is filed on the following among other genuine grounds, interalia:-

Firstly –          PURPOSE OF ARTICLE 17 IN CONSTITUTION OF  THE ISLAMIC REPUBLIC OF PAKISTAN, 1973.

 

The 1973 Constitution is very crucial for the survival of the country. It is the only constitutional document ever to have been promulgated unanimously by each and every member of the National Assembly. Out of 200, 196 voted in favour of it. There were four abstentions, not a single vote of dissent against the passing of the Constitution in 1973.

 

In the document, the framers of the Constitution provided Article 17 in the Constitution of Pakistan, 1973 which reads as under:-

 

“17.

Freedom of association.

 

(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

 

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or public order and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or public order, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

 

Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.

(3) Every political party shall account for the source of its funds in accordance with law.

             (4)     Every political party shall, subject to law, hold intra-party election to elect its office-bearers and party leaders.”

 

The philosophy incorporated in this Article is basically based on the fundamental principle of democracy and as per this Article only the political parties as registered under this Article of 17 are allowed to do any lawful protest, strike, procession or long March for the acceptance of their political demands and on the interpretation of Article 17, there are quite a large numbers of judgment of Apex Court wherein a clear line has been drawn to differentiate between an association and a political party.

 

Minhaj-ul-Quran (Respondent No. 4) is not a political party but an NGO as already described above in Para No. 3. Minhaj-ul-Quran is of course one of the largest non-political, non-sectarian and non-governmental organizations in the world, which was founded in 1980 and according to its constitution, the Minhaj-ul-Quran cannot participate in politics nor it can held a procession, nor it can give call for long march or strike. Furthermore, no NGO can interfere in state affairs or use public for its political interest and whereas Dr. Tahir-ul-Qadri (Respondent No. 3) is the Patron-in-Chief of Minhaj-ul-Quran (Respondent No. 4) and so his call of long March to Islamabad on 14th January 2013 using his NGO Minhaj-ul-Quran purely for political purpose is not against the very spirit of the Article 17 of the Constitution but also unlawful and un-ethical too on his part for using a religious NGO Minhaj-ul-Quran for his unknown political hidden agenda, which in our party opinion is on the vested interest of his master better known to him but whatever it is, this long march is certainly a conspiracy against the democracy and rule of law.

Secondly     That even otherwise, no association or union formed or operating under Clause (1) of Article 17 can engage in any political activity as mentioned in Clause (2) of the same Article.

 

Thirdly      The Respondent No. 3 (Dr. Tahir-ul-Qadri) from October, 2012 to till date is doing all the activities on the platform of Minhaj-ul-Quran (Respondent No. 4). So much so, that he has not given the call of long Match to Islamabad on 14th January, 2013 on the platform of the Political Party named Pakistan Awami Tehreek (Respondent No. 2), which he formed on 14th of May, 1989 and was his first President but as and when he became the Canadian National, he ceases to be President of Pakistan Awami Tehreek under Article 5 of the Political Parties Order, 2002. It would not be out of place to mention here that when Dr. Tahir-ul-Qadri became the citizen of Canada, Mr. Faiz-ur-Rehman Durrani (Respondent No. 2) was elected as the President of the Pakistan Awami Tehreek and he in the capacity of the President of Pakistan Awami Tehreek (Respondent No. 2) has not given any call of long March to Islamabad on the 14th of January, 2013.

The nut-shell submission is that the call of long March to Islamabad on 14th January, 2013 as given by the Patron-in-Chief Dr. Tahir-ul-Qadri (Respondent No. 3) on the platform of an NGO Minhaj-ul-Quran (Respondent No. 4) and not by the political party of Pakistan Awami Tehreek (Respondent No. 2) is now hit by Article 17 of the Constitution of Pakistan, 1973.

 

Fourthly    Furthermore, the Respondents No. 3 and 4 demand that the army and judiciary should also be involved in picking up the federal and provincial caretaker setups runs counter to the Constitution because these institutions have no role whatsoever as per the basic document.

Under the Constitution, the prime minister, provincial chief ministers and leaders of opposition in the outgoing national and provincial assemblies have the authority to pick up interim setups. In case of their and bipartisan parliamentary committees’ failure to do so, the Election Commission of Pakistan (Respondent No. 5) has the power to decide from amongst the nominees sent by the outgoing prime minister, chief ministers and opposition leaders to select the caretakers.

 

Fifthly       Dr. Tahir-ul-Qadri may have pristine vision to reform the electoral system that may sound convincing to some taking his dream on the face of it, but his several assertions, which he made in his address to the Minar-e-Pakistan public meeting, clash with the Constitution of Pakistan, 1973 that he wants to adhere to.

Dr. Tahir-ul-Qadri (Respondent No. 3) claim that the present electoral and political system is a sheer violation of the Constitution doesn’t sound impressive because had that been so, the independent judiciary would have struck it down. Rather, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, who leads the judiciary, has always stood for the continuation of the democratic and electoral system under the present legal and constitutional arrangement and lauded the current parliament.

 

At times, Dr. Tahir-ul-Qadri was self-contradictory. For example, he has repeatedly declared that he has not come back to Pakistan from abroad to get the next elections postponed. But what he said at the rally followed by various TV talk shows and press conference tells a different story.

If he doesn’t want the polls delayed, following some agenda, and then why did he say: “All I want is complete implementation of the Constitution whether it takes more than 90 days to correct the rotten system, which is also allowed by the Constitution under article 254 that says the extra time taken to bring the system in line with the Constitution would not invalidate the move.”

 

This provision titled “failure to comply with requirement as to time does not render an act invalid” says when any act or thing is required by the Constitution to be done within a particular period and it is not done within that, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.

However, if a certain mandatory thing is not done deliberately, this article would not cover such act. Dr. Tahir-ul-Qadri’s view clearly conflicts with the chief justice’s oft-stated declaration that delay or postponement of elections would not be allowed. The parliamentary polls can only be put off only if there is a civil war in the country, he recently stated.

 

By talking about going beyond the constitutionally mandated ninety days to hold elections, he created doubts about his own sworn words that he has no such intention. When his demand is seen with the desire of certain elements, which are in search of excuses to delay the elections, it reinforces the suspicion that he has come back to Pakistan with a mission to accomplish.

 

It would be the masses, he warned, who would take decisions at the “people’s parliament” in Islamabad on January 14 in their interest, which professional MPs had been refraining from taking throughout Pakistan’s history. But in reality, it would be he who would guide them to do certain things because they would assemble on his call. He may have in mind his future course of action, but he did not unveil it at the Lahore rally.

“Elections without reforms will be meaningless and people will reject the results if they are held under the existing system. Pakistan’s political and economic system has collapsed, as it revolves around wealthy, landed aristocrats, and industrialists, and has failed to allow honest people to reach parliament,” he opined.

Sixthly       Except the MQM, there was no taker of Qadri’s philosophy across the political and religious spectrum. Political parties’ reaction varied in severity from Respondents No. 7 to 12. The PML-N was more attacking and took his entry at this point of time as a conspiracy to get the elections put off, and to shave off its electoral prospects. The PPP was not less unkind. “Save state, not politics is a slogan of dictators,” PPP leader Manzoor Wattoo said.

 

 

Seventhly –     In the document, the framers of the Constitution provided Article 184, which also stipulated the boundaries of judicial activism. The boundaries are, firstly, that the court can take up only a matter of public importance, and secondly, one that pertains to fundamental rights. So if a whole scale infringement of fundamental rights is taking place, Article 184 enables the Supreme Court to act. This is, of course, in the larger interest of the people. For instance, if a dam that is providing water to say 10,000, or even 1,000 people, is being polluted, their fundamental rights are being violated. They may not have the resources to initiate a case against the violators, but the court can take up the matter. So it is a wonderful device. It’s good for the poorer segments of society, it protects them and it supports them – and it is very much a matter of fundamental rights. Now if anybody has a personal dispute with somebody, this doesn’t come into the picture at all. So, the test is fundamental rights and public importance. If the Supreme Court takes notice of a matter which does not fall within these two conditions then it can be said to be acting beyond its jurisdiction.

Whereas, the call of long march to Islamabad on 14th January 2013 of Dr. Tahir-ul-Qadri (Respondent No. 3) on the platform of an NGO Minhaj-ul-Quran (Respondent No. 4) for plotting to block upcoming general elections on the so-called programme of election reforms has affected the fundamental rights of not an individual but whole of downtrodden masses and public at large is violated. So much so, the fundamental right of not only Communist Party of Pakistan (CPP) but it infringes the fundamental rights of even all those political parties cited as Respondents No. 6 to 12, and in view of 11 members bench of Supreme Court headed by then Chief Justice of Pakistan Abdul Haleem Khan in a famous case of Miss Benazir Bhutto vs Federation of Pakistan etc. (PLD 1988 SC 416, 514) in which it was held “Article 17 (2) provides a basic guarantee to a citizen against usurpation of his will to freely participate in the affairs and governing of Pakistan through political activity relation thereto……”

My Lordships!        Keeping in view as explained above, it is beyond any shadow of doubt that indeed, a question of a public importance with reference to the enforcement of the Fundamental Rights conferred by Chapter I of Part II is involved in this Constitutional Petition.

Furthermore, under Article 184 (3) not only an aggrieved person but any person can knock the doors of Supreme Court and no question of locus standi or on the right forum is involved in the aforesaid Constitutional Petition of the petitioner. Supreme Court is the right forum and if Supreme Court abstains from doing what is lawful and right, the Article 17 than becomes totally nugatory and redundant and this is against the basic spirit of the Constitution of Pakistan, 1973.     

 

PRAYER IN PETITION:-

             It is, therefore, respectfully and graciously prayed that this learned Court be pleased to kindly interfere for exercising its constitutional power to the effect that the Respondents No. 3 and 4 be refrained not to indulge in any political activity of long March to Islamabad on the 14th January, 2013 on the platform of the NGO Minhaj-ul-Quran (Respondent No. 4) for plotting to block upcoming general elections on the so-called programme of election reforms as it is in violation of Articles 16, 17, 19 and 20 and section 1 of the Societies Registration Act, 1860 and also to take appropriate actions to prevent any violation of law and public order until the decision of this constitutional petition or alternatively, an appropriate order as deemed fit in the current situation and scenario may kindly be passed and also direct the Respondents to do anything, they are required by law to do.

  
2.            Any other remedy for the supremacy of the Constitution and the law, 
which this Honourable Court deems fit and appropriate in the facts and circumstances 
of the case, may also be granted and this petition may kindly be accepted. 
This prayer is made in the interest of justice.


                               Drawn up and filed by:

Sig/-

Dated:-  9th January, 2013.                       (Engineer Jameel Ahmad Malik)

                                                                                         Petitioner-in-Person,

                                                                                Chairman of Communist Party,

                                                                                Communist Party Secretariat,

                                                                                1426-Fateh Jang Chowk,

                                  Attock Cantonment.         
                                  Tel: 057-2611426
                                  Fax: 057-2612591
                                  Mob: 0300-9543331
                                      And
                                  Email: cpp@cpp.net.pk
                                  Web:   www.cpp.net.pk

LIST OF BOOKS:
1.        The Constitution of the Islamic Republic of Pakistan, 1973.
2.        Societies Registration Act, 1860.
3.        PLD 1988 SC 719
4.        PLD 2005 SC 719
5.        1999 SCMR 382
6.        PLD 2000 SC 84
7.        PLD 2006 SC 697
Certificate:-
               Certified that this is the first petition in the Supreme Court on the subject.
                                         Sig/-

(Engineer Jameel Ahmad Malik)

                                                                            Petitioner-in-Person.