' The Federation of Pakistan has filed C.P. No,1415 of 1997 against the judgment dated 20-12-1997 of a Full Bench of the High Court of Sindh in Constitutional Petition No,D-1574 of 1997, which was filed by Asif Ali Zardari for seeking direction to the Chairman, Senate of Pakistan, Federal and the Provincial Governments and the trial Courts, to facilitate him to attend the Senate's session then due so that he could take oath as a member of the Senate. The above petition was allowed in the following terms:- "Having examined the controversy from every possible angle it is manifest that the petitioner has a right and where there is a right, there must be a remedy. We would, therefore, allow this Constitutional petition and require the Provincial and the Federal Governments to make arrangements to allow the petitioner to attend the earliest Session of the Senate of Pakistan. In so doing no further permission from the concerned Courts is necessary because that is already there and besides setting in the High Court we exercise our own powers in granting the necessary permission."
' Against the above judgment the Federation of Pakistan filed aforesaid petition and sought suspension of the impugned judgment of the High Court through an interlocutory application, which was declined by one of us (Ajmal Mian, C.J.) vide order dated 23-12-1997. It appears that after the above order, Asif All Zardari took oath as member of the Senate. He also attended one session. The above petition of the Federation is pending for admission.
2. It seems that Asif Ali Zardari, hereinafter called the petitioner, was also aggrieved by certain observation of the Full Bench made in the impugned judgment. He. Filed above C.P.No 458-K of 1998. In the above petition, an application under Order V, Rule 2(18) read with Order XXXIII, rule 6 of the Pakistan Supreme Court Rules, 1980, for direction to the respondents to produce the petitioner in the forthcoming session of the Senate commencing from 25-6-1998 pending the disposal of the above petition has been filed. The above application was placed for Chamber order when a notice was ordered to be issued to the learned Attorney-General as well as to the respondents. In response to the above notice, Mr. Moulvi Anwarul Haq, and Mr. Tanvir Bashir Ansari, learned Deputy Attorneys-General have put in appearance.
3. Since both the parties have filed petitions for leave to appeal against the impugned judgment and as they involve interpretation of inter alia Constitutional provisions as to the right of a member to attend the session while he is lacing trial of criminal cases and is in custody. We would, therefore, grant leave in both the above petitions to consider as to whether the impugned judgment is in accordance with law.
4. As regards the stay application, it has been urged by Mr. Iqbal Haider that since session of the Senate will commence on 25-6-1998 and as the learned Chairman of the Senate in spite of repeated requests has not acceded to the request of the petitioner, this Court may pass an interlocutory order. In support of the above submission he has referred to para. 14 of the memo. Of petition wherein it has been averred that the petitioner had approached respondent No,3, the Chairman of the Senate, but despite lapse of several months, no order has been passed. We have noticed from the impugned judgment that the learned Chairman of the Senate while deciding the application for the production of Ch. Shujaat Hussain in November 1994 of which reasons were recorded on 22-2-1995, in para. 19 had made the following observation:- "Under the Rules of Procedure of the House and specially after the incorporation of rule 72-A, it becomes necessary to bring the members together to complete the House after it has been summoned by the President under Article 54(1). The same is the position if the Chairman Senate summons the House on requisition signed by at least one-fourth of the total membership under Article 54(3 of the Constitution."
5. Since the petitioner is at present lodged in Adiala Jail, in our view, it will be just and proper to issue direction to the Jail Authorities and to the Federation to allow the petitioner to attend the forthcoming session of the Senate. The petitioner shall also attend the Court proceedings by adjusting his schedule. The appeals arising out of the above two petitions may be fixed for hearing at an early date.