KARACHI: The Sindh High Court on Thursday suspended the transfer orders of a woman assistant district public prosecutor, wife of an activist of the Pakistan Muslim League-Nawaz, from Khairpur Mirs to Umerkot.
A two-judge bench headed by Justice Syed Hasan Azhar Rizvi gave the order on the constitutional petition of ADPP Rizwana Karim Kubar, who said she was transferred from her hometown due to political rivalry and victimisation as her husband, a practising lawyer, was affiliated with the PML-N and he had acted as the chief polling agent of Syed Ghous Ali Shah.
The PML-N leader, who had contested the election for the National Assembly seat NA-215 and provincial assembly seat PS-29, and lost both seats to Pakistan People’s Party candidates Nawab Ali Wasan and Chief Minister Syed Qaim Ali Shah. Later, he challenged the victory of the PPP candidates in the election tribunal, where disposal of his election appeals is pending.
The petitioner public prosecutor, represented by Advocate Mansoor-ul Haque Solangi, impleaded the chief secretary and the law secretary as respondents who had issued a notification for her transfer on Aug 18.
Her counsel said the rival returned candidates targeted her to coerce them either to join their party or to restrain her husband from being affiliated with the PML-N.
He told the judges that the petitioner’s husband had also sworn his affidavit in evidence in support of Syed Ghous Ali Shah in the election petitions.
Advocate Solangi submitted that the rival candidates had also threatened the petitioner’s husband not to give a statement in support of his party leader, but he recorded his testimony in the election tribunal on Aug 6.
He said the name of the woman prosecutor, mother of two minor children, was also proposed for 15-day training in the United States, but the respondents excluded her name from the list due to political grudge with her husband under the influence of the chief minister and others.
The counsel contended that the transfer of the petitioner under political influence was illegal and mala fide.
He asked the court to suspend the operation of the impugned transfer notification till the final disposal of the petition.
The bench, which included Justice Aziz-ur-Rahman, suspended the operation of the transfer order and directed the respondents, the chief secretary and the law secretary, to file their respective comments on the petition.
Published in Dawn, August 29th, 2014
