May 27, 2008	Tuesday	Jamadi-ul-Awwal 21, 1429

KARACHI, May 26: The nazims of 40 union councils in the district of Thatta moved the Sindh High Court on Monday against their alleged harassment by the police and the anti-corruption establishment to force them to shift their loyalties from the district nazim, Syed Shafqat Hussain Shirazi. The petitioners alleged that ever since their rivals came to power at the provincial and federal levels after the February 18 polls, they were being threatened with ‘dire consequences’ if they continued their support to the incumbent district nazim. The police and anti-corruption establishment officials started raiding their offices and residences. No procedure was being observed and fake complaints were being pressed into service against them. They were being told to perform their duties as desired by the new MPAs and MNAs on the pain of registration of criminal cases.

Citing specific instances, the joint petition said the ACE officials raided the office of union council at Bello and maltreated its nazim, Syed Manzoor Hussain Shah. Important files, they alleged, were taken away without notice or receipt. The entire record of union council Darya Khan Sohu was removed on April 28 and the UC nazim, Haji Hassan Kalatri, maltreated. The union council Makli, headed by Fida Hussain Shah, was also ransacked. The office of the union council Schatu Chand was raided on May 5 and Nazim Mohammad Hassan Jakhro rudely interrogated by ACE officials. The Sondha and Jhirk union councils were also raided and their nazims insulted and humiliated.

The petitioners said the nazims approached the police for protection and registration of cases but failed to elicit a positive response. They said they had inalienable rights under Articles 2-A, 3, 4, 14, 17 and 25 of the Constitution to be treated with dignity and in accordance with law. The police and ACE conduct was also reprehensible under the Police Order and rules. Political rights and justice have been declared fundamental rights and they could not be denied their right to join or remain loyal to a party or group.

The petitioners requested the court to direct the police and the ACE to bring on record the inquiries or cases pending against them. The respondent agencies ‘should be restrained from arresting them or members of their families in false cases without permission of the court’. The ACE, they prayed, should be asked to follow the procedure prescribed by Rule 6 (3) of the Sindh Enquiries and Anti-Corruption Rules, 1993.

Altaf Unnar’s plea

The Sindh High Court dismissed on Monday an appeal moved by Altaf Hussain Unnar of the PML (Q) against non-acceptance of his nomination papers for NA-207 (Larkana) by the returning officer.

The petitioner initially filed a petition saying that his nomination was neither rejected nor accepted by the RO because being in prison in an anti-terrorism case, he was unable to appear before the officer personally. He sought a direction to the trial anti-terrorism court to allow him to appear before the RO or an order to the latter to accept his papers without insisting on his personal appearance. The petitioner said the election rules of 2002, which mandated every candidate’s personal appearance before the RO, was repugnant to his fundamental right as there was no bar on an under-trial prisoner from participating in polls. He had been arrested for allegedly firing on the car of Mrs Azra Afzal Pechuhu.

The petition was converted into an appeal under Section 14 (5) of the Representation of People Act. Holding brief for Mrs Faryal Talpur, Advocates Abu Bakar Zardari and Adnan Karim, however, said neither a petition nor an appeal was maintainable because Mr Unnar’s nomination was neither rejected nor accepted by the RO. The RO had refused to entertain his papers because they were not presented by him but were submitted through his proposer and seconder. Mrs Talpur has been declared elected unopposed.

Mr Unnar’s counsel, Waseeq Ahmed Kehar, meanwhile, withdrew three other petitions against the RO’s refusal to hear objections against Mrs Talpur by non-candidates or disqualified candidates. The petitions were moved by Mr Unnar and Babu Sarwar Sial.