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KARACHI, June 28: The Election Commission justified its order on the city by-polls on Monday and a division bench of the Sindh High Court adjourned the hearing of the writ petition moved by the MQM candidates to July 12.
The new vacation bench comprising Justices Sarmad Jalal Osmany and Zia Perwez also extended the stay order against fresh by-elections till the next date. Two Muttahida Majlis-i-Amal candidates cited as respondents, who had boycotted the EC proceedings, also joined in the court proceedings through Advocate Junaid Farooqui.
Representing the petitioners, Advocates Abul Inam and Aftab Ahmad Shaikh submitted that despite service by post, bailiff and courier, three of the 22 private respondents could not be served summons. The bench directed that the process be repeated for the next date, which was fixed by consensus.
In its rejoinder to the petition filed through Deputy Attorney- General Nadeem Azhar Siddiqui, the EC said the right of the petitioners to be declared as returned candidates under Section 42 of the Representation of People Act was subject to the decision rendered by it under Section 103-AA of the enactment. The power conferred by Section 103-AA was also independent of Article 225 of the Constitution and Section 57 of the RPA.
As for polling in NA-240 and NA-246 and PS-127 on May 12, it was vitiated by acts of indiscriminate firing resulting in several deaths. It was the duty of the commission to restore the confidence of the voters in the sanctity of the electoral process by declaring the polls null and void. There was no firing in NA-243 and MQM candidate Abdul Waseem was duly notified elected.
The petitioners, M. Abid Ali Umang (NA-240), Nisar Ahmed Panhwar (NA-246) and Yousaf Munir Shaikh (PS-127), maintain that they secured by far the highest number of votes in the May 12 by-polls and had a right to be declared elected under Section 42 of the RPA. No irregularity had been reported by the election staff and if their rivals had any complaint, it should be adjudicated by election tribunals under Article 225 of the Constitution.
The Sindh government, a respondent in the petition, meanwhile sought stay of the fresh by-polls scheduled by the EC on August 9 through Advocate-General Anwar Mansoor Khan in view of the law and order situation, the charged atmosphere, the expenditure involved and the possibility of acceptance of the petition.
Allowing the plea on June 22, a division bench comprising Chief Justice Saiyed Saeed Ashhad and Justice Zia Perwez stayed the polls till June 28 and issued notices to all 29 respondents for that date. Additional Advocates-General Abbas Ali and Dr Qazi Khalid Ali represented the provincial government on Monday.
DETENTION CASE: A division bench of Sindh High Court comprising Justice Sarmad Jalal Osmany and Justice Zia Pervez on Monday adjourned hearing of a petition filed by Shahjehan Begum challenging alleged illegal detention of her son Kamran alias Atif, adds APP.
The detainee is alleged to be a ring leader of a terrorist outfit. When the matter came up for hearing, Additional Advocate-General Sindh Abbas Ali said he had not received the copies of the petition and was not in a position to make any statement. He sought time to make inquiry from official respondents.
Ghulam Qadir Jatoi, counsel for the petitioner, informed the bench that the detainee had been subjected to brutal torture and lodged in jail in injured condition. The bench directed the authorities of the Karachi Central Prison to get him medically examined and provide medical treatment to him if necessary. The bench then put off further hearing till July 3.
