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December 29, 2002 Sunday Shawwal 24, 1423

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250 election petitions heard by LHC



By Zeeshan Siddique


LAHORE, Dec 28: Hearing appeals of politicians against their arrests and conviction in NAB references, and disposal of more than 250 election petitions was the major business conducted by the Lahore High Court during 2002.

The LHC also heard petitions on constitutional matters and detention of the leaders of proscribed organizations during the year.

Defending its references against politicians in the Lahore High Court proved tough for the NAB. Three politicians — Hakim Ali Zardari, Anwar Saifullah Khan, Mian Manzoor Ahmad Wattoo — were provided relief by the court’s Ehtesab benches against their conviction on corruption charges in different NAB references.

Makhdoom Javed Hashmi, Jehangir Badar, Riaz Fatiyana, Khush Akhtar Subhani, Rana Tanveer and Tariq Anees were allowed bail by the LHC in NAB references.

Appeals of Riaz Fatiyana, Manzoor Wattoo and Farrukh Javed Ghuman against their respective conviction in NAB references could not be decided this year.

Former prime minister Benazir Bhutto also moved the LHC against her conviction of three-year rigorous imprisonment awarded to her in absentia in a NAB reference. However, this appeal was returned unmarked with the direction that she must move the bench having jurisdiction to hear it.

An appeal filed by the state for the cancellation of Asif Ali Zardari’s bail in a drug case could not be taken up for hearing on two occasions.

In the first instance, the LHC division bench hearing the appeal was dissolved due to the leave of one judge while in the second, the appeal was not heard by the bench on personal grounds of one of its members.

The politicians fought a “political battle” before the LHC election tribunals during the first two weeks of September. During this time more than 250 election petitions were filed.

Nawaz Sharif, Shahbaz Sharif and Begum Kulsoom Nawaz were debarred from contesting the October general elections after the LHC election tribunal allowed appeals against their candidature. The decision by the election tribunal was upheld by a full bench of the LHC.

Appeals of the Sharif family challenging suits against the Ittefaq Group were adjourned for the next year upon a request by the defence counsel.

Appeals seeking disqualification of Chaudhry Pervaiz Elahi, Chaudhry Shujaat Hussain, Chaudhry Wajahat Hussain, Faisal Saleh Hayat, Chaudhry Ahmad Mukhtar, Begum Abida Hussain, Hamid Nasir Chattha, Dr Tahirul Qadri, Maulana Azam Tariq, and Sumera Malik were disallowed by the tribunals for want of force and conviction. Imran Khan, Abdus Sattar Laleka and Ahad Malik were allowed to contest elections by the LHC. A NAB absconder, Tariq Anees, was also cleared for contesting elections after he appeared before the court under tight security and was granted protective bail. The membership of MPA Tanvir Ashraf Kaira was cancelled by the LHC on grounds that he had contested the elections on the basis of a fake BA degree. The LHC ordered release of three banned organisations’ presidents — Maulana Azam Tariq, Hafiz Muhammad Saeed and Maulana Masood Azhar — and refused to extend their detention under the Maintenance of Public Order.

Two appeals seeking the disqualification of President Musharraf and one against the LFO were rejected by the LHC for want of force.

Now the appeal challenging the LFO is being heard by a division bench while another against the presidential referendum would also be taken up in the last week of January next year.






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