IHSAN-UL-HAQ CHAUDHRY, J.---This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed by Mr. Noor Muhammad Qureshi, an Advocate of this Court seeking a declaration that Muhtarma Benazir Bhutto, respondent No.4 herein, is disqualified from contesting the forthcoming election to the Parliament as she had been ridiculing the judiciary by using interpreting language.
2. Pursuant to the notices issued by this Court Dr. Khalid Ranjha, learned Advocate-General Punjab and Kh. Saeed-uz-Zafar, learned Deputy Attorney General for Pakistan have appeared. We have heard them as also Mr. A.K. Dogar, Advocate on behalf of the petitioner and Mian Abdus Sattar Najam and Mr. S.M. Masud, Advocates on behalf of respondent No.4.
3. The main burden of the argument of the petitioner's learned counsel was that it is the bounden duty & this Court to enforce the Constitution and give effect to Article 63(1)(g) of the Constitution which in unmistakable terms provides that a person shall be disqualified from being elected or chosen as a Member of the Majlis-i-Shoora if he is acting in any manner prejudicial to the integrity or independence of judiciary or defaming or brings it into ridicule. In support of maintainability of this petition heavy reliance was placed by the learned counsel on the pronouncement of the Supreme Court of Pakistan in Mr. Fazlul Quader Chowdhry and others v. Mr. Muhammad Abdul Haque (PLD 1963 SC 486) and Ms. Benazir Bhutto v. Federation of Pakistan and another (PLD 1988 SC 416).
4. There cannot be any two opinions that having taken oath to defend and preserve the Constitution it is the foremost obligation of the superior judiciary to ensure compliance with the Constitution including Articles 62 and 63 thereof. We, however, express our profound sense of regret and disappointment that these Articles which occupy predominant position because of their very nature have remained more as a pious wish than reality and have been rarely, if at all, used or invoked in the preceding 3 elections.
5. In view of above, we might have felt persuaded to proceed further with this petition and examine as to whether the candidature of respondent No.4 was hit by Articles 62 and 63 of the Constitution but are also mindful of the fact that as presently the election process is going on and these questions are pending before the functionaries under the Representation of People Act, 1976, we feel that appropriate order in the circumstances would be to direct the election Commission of Pakistan and all other functionaries acting under it to give full effect to Articles 62 and 63 of the Constitution while determining the eligibility of the candidates to contest the forthcoming elections.
These provisions shall be implemented by the Authorities in their letter and spirit.
Disposed of in the above terms.