Gillani challenges IHC decision in Senate Chairman polls Case

By Uzma Zafar

ISLAMABAD: Senate Opposition Leader Yousaf Raza Gillani on Thursday filed an intra-court appeal against an Islamabad High Court (IHC) decision concerning the election for the post of Senate chairman.
In the election held March 12, the government-backed candidates grabbed the top slots of chairman and deputy chairman in a contest marred by the claims of securing votes of opposition Senators and the discovery of cameras in the polling booths. The former premier moved the IHC against the rejection of seven votes he claims were cast in his favour by a presiding officer. However, on March 24, the high court had dismissed the petition, maintaining Senate proceedings are immune to judicial interference.
The appeal, filed by Gillani’s counsel, said the bench did not take into account facts and figures during the proceedings. Gillani’s appeal added that illegal activities can be interpreted by the courts whereas it was the job of the court to provide compensation for illegality and in such cases, the court has to check the intention of the voter.
“The court is requested to accept the intra-court appeal and single bench decision be rejected,” it added. The IHC had said in its verdict that “the grievance of the petitioner in the matter in hand exclusively pertains to questioning the validity of proceedings of the upper house of the parliament and thus it is immune from interference by this Court under Article 69 of the Constitution”. The 13-page order was authored by IHC Chief Justice Athar Minallah, who took up Gillani’s plea.