ISLAMABAD, March 2: The Supreme Court criticised the Election Commission and Sindh police on Friday for their failure to act promptly when PPP candidate Syeda Waheeda Shah assaulted an assistant presiding officer at a polling station during the recent by-election in Tando Mohammad Khan.

A bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez took suo motu notice of the incident on an application filed by Anita Turab, an officer of the District Management Group.

The reprimand prompted a sudden resignation by EC Secretary Ishtiaq Ahmad who was present in the courtroom.

He informed the court that he had issued verbal orders to the returning officer concerned to hold an inquiry within a week and an FIR had been registered against Ms Shah under Section 86(3)(b) of the Representation of People Act at the Tando Mohammad Khan police station. He said both parties had been summoned for March 6 and an explanation had been sought from police.

Ms Shah sought forgiveness from the court and the aggrieved party, but the bench declined to accept her plea. While apologising, she said that whatever had happened on Feb 25 was unintentional and had taken place at the spur of the moment in circumstances beyond human control.

But the court said the issue had become a state matter and assured her that no injustice would be done to anyone.

“When a public servant, who is a servant of the state, is not protected and secured against such vulnerable action, there would be a breakdown of good governance,” the court order said.

Anita Turab also complained that civil servants like her could be fired from service or transferred when they did not accede to the demands of a government or of legislators. She asked if they were servants of the state or of governments.

The chief justice told her that the Supreme Court had given protection to civil servants in the Tariq Azizuddin and Akhtar Abbasi cases and being servants of the state they needed to obey only legal orders in accordance with the rules.

The court said the Election Commission had failed to initiate action over the incident where an officer posted at the poling station of the constituency PS-53 had been assaulted.

The commission, the order said, had also failed to take action against any of the officials responsible for not promptly putting the law machinery into motion.

“It was the duty of the EC through its representatives to have initiated action under the law to redress the grievance of the officers/officials posted at the polling station for by-elections,” it said.

The action would have ensured that no-one was above the law and in such a situation when the election process was under way to elect representatives the law had to be applied uniformly against all, the court said.

The Supreme Court said Sindh police chief Syed Mushtaq Ahmad had also failed to ensure prompt registration of the case, although an FIR had been lodged on Feb 27.

“It was required from the Sindh IG to have strictly followed the law without any discrimination and caring whosoever was involved,” the order said. “Interference in the discharge of duties by a public servant was made on Feb 25 and by assaulting the officer she was publicly disgraced and defamed.”

The court postponed further hearing for March 12 to enable the ECP, the inspector general and others to submit reports.