PESHAWAR, Mar 24: The Peshawar High Court has held the practice of barring women from casting votes against the fundamental rights, void, illegal and criminal.

In its detailed judgment in four writ petitions, dismissed by the court last week, a two-member bench ruled that every citizen who is registered as a voter regardless altogether of gender has a right to exercise his or her vote.

At the time of dismissing these petitions the court had pronounced a short order and the detailed judgment was released later on. Although the high court ruled the practice as illegal and void, but on technical grounds the four petitions were dismissed on the ground that these points needed recording of evidence which was not the domain of the high court in exercise of its constitutional jurisdiction.

The petitions were filed by Ms Bukht Zarina, Ms Mashooq Zari and others against disenfranchisement of women in various union councils in different districts during local bodies general elections held in 2001. They had prayed the high court to declare elections in those union councils null and void where women voters were barred from casting votes.

The bench comprising Justice Shahjehan Khan and Justice Ijaz Afzal observed: "The question which emerges for our decision in this case is whether all the above mentioned means and devices including threats and agreements aimed at refraining the registered female voters from participating in the electoral process were in fact employed by the respondents? The answer to this question cannot be found by this court in the exercise of its constitutional jurisdiction under article 199 of the Constitution as none of these allegations, when strenuously disputed by the respondents, be inquired into without recording evidence which is not the domain of this court."

The court added: "Therefore, we despite holding all such means and devices, because of their being repugnant to the fundamental rights enshrined in the Constitution, as void, illegal and even criminal, will not grant the relief of declaring the election null and void."

The bench agreed with the petitioners' counsel, Qazi Muhammad Jamil, on the point that a voter had the right to contest and participate in the elections. The bench observed there was no cavil with the proposition that every citizen of the country has a right to form or be a member of political party as enshrined in Article 17(2) of the Constitution, which included the right to contest and participate in election.

There is also no cavil with the proposition that every citizen who is registered as a voter regardless altogether of gender has indefeasible right to exercise his or her vote, the judgment added.

"There is also no cavil with the proposition that this right being inherent in every registered voter can be exercised by him or her alone and thus cannot be forgone and forsaken by an agreement entered into by any person how high-so-ever he may be, therefore no means or devices including threats of dire consequences or agreements amongst the candidates for election to an office can curb, curtail or fetter it," the bench ruled.

The high court further observed that employment of such means by any person irrespective of his status and stature in society would not only be void and illegal but criminal as well which could well be punished under the law.