ISLAMABAD, Nov 18: A full bench of the Supreme Court on Monday issued notices to the Attorney-General and MNA-elect, Azam Tariq, in an appeal filed by the Punjab government seeking disqualification and stop functioning of Azam Tariq as MNA.
The SC bench comprised Justice Iftikhar Mohammad Chaudhry, Justice Sardar Mohammad Raza Khan and Justice Falak Sher.
Appearing on behalf of the Punjab government, Advocate-General Maqbool Ellahi Malik pleaded that Sipah-i-Sihaba Pakistan (SSP) was banned by the government and its members could not contest the election according to Anti-Terrorism Act 1997, Political Parties Act and Election Order, 2002.
He further submitted that on Jan 1, 2002, the SSP had been declared as terrorist organization and in this regard a notification was issued by the government.
On this Justice Iftikhar Mohammad Chaudhry asked the AG whether Maulana Azam Tariq contested the election from the platform of the SSP? AG Maqbool Ellahi Malik submitted that Maulana Azam Tariq is chief of the banned terrorist organization. He, however, had contested Oct 10 election as an independent candidate. The apex court further asked whether Azam Tariq can be declared disqualified at this stage? AG contended that according to law any member who has relations with any banned organization or terror group is bound to be disqualified to contest elections. He pointed out that Azam Tariq is not an ordinary member of the banned terror group, rather its chief.
Justice Iftikahr Mohammad Chaudhry asked: “Why the Punjab government directly moved the apex court, what was hurry ?. The AG pleaded that the matter was very important and sensitive, therefore Supreme Court was moved by the provincial government.
Justice Iftikhar Mohammad Chaudhry observed that the member has taken oath and there is a matter of the explanation of Article 225, therefore, issuing of notices to the Attorney-General is essential.
Justice Iftikhar Chaudhry observed that it’s the first case of its kind in the history of Pakistan.
Meanwhile, Justice Falak Sher asked the AG why they did not approach the Chief Election Commissioner earlier to stop election result and declaration of Azam Tariq as MNA. “You did not move EC, but you are in much hurry at the moment,” the SC judge pointed out.
Earlier, the Advocate-General, Maqbool Ellahi Malik produced a rich file of sensitive documents pleading that the file is only for the court’s examination, which could not reach others as it contains sensitive material regarding banned terror groups.
The apex court, however, expressed anger over presentation of a secret file in such a manner and directed the AG to keep secret matter with him.—PPI
