' Through this Constitutional petition, Syed Ali Raza Asad Abidi petitioner has sought issuance of a writ in the nature of quo warranto directing respondent No,1 not to perform the functions as Acting President of Pakistan on the ground that the respondent who is the Chairman of the Senate has assumed Office of Acting President of Pakistan without taking oath prescribed for the office of President of Pakistan, under third schedule of the Constitution of Islamic Republic of Pakistan, and, therefore, his functioning as President of Pakistan is without lawful authority.
2. Arguments of the petitioner have been heard in limine hearing of the writ petition. Keeping in view the urgency of the matter and important Constitution and legal questions raised by the petitioner, I had called upon Syed Tasaddaq Hussain Jillani, learned Advocate-General Punjab, Rana Muhammad Arshad, learned Additional Advocate-General Punjab and Mr. Faqir Muhammad Khokhar, learned Deputy Attorney-General of Pakistan to assist the Court at limine stage. In reply to the arguments addressed by the petitioner, all the three Law Officers have.. been heard at limine stage. On conclusion of arguments before interval, the judgment was reserved to be announced during the latter part of the day.
3. I have considered the arguments addressed by the petitioner as well as the learned Law Officers at limine stage and have gone through the various relevant Articles of the Constitution of Islamic Republic of Pakistan and case-law on the subject. For detailed reasons to be recorded later, I hold that the respondent, who is the Chairman of the Senate is Acting as President of Pakistan as per mandate of Article 49(1) of the Constitution of Islamic Republic of Pakistan, 1973, and having admittedly taken oath before assuming the office of the Chairman of Senate, which includes the Oath to function as Acting President of Pakistan, it was not necessary for the respondent to take oath of the office prescribed for President of Pakistan before assumption of Office as Acting President of Pakistan. Therefore, I see no force in this writ petition, hence, the same is dismissed in limine.