KARACHI: The Sindh High Court on Friday directed the Election Commission of Pakistan to revisit within 20 days its verdict of dismissing Chief Minister Syed Qaim Ali Shah’s plea seeking transfer of an election petition against his victory from the Karachi election tribunal to some other tribunal.

A division bench, headed by Justice Mohammad Ali Mazhar, gave the direction in the judgement on the chief minister’s petition against the dismissal order of the ECP on CM Shah’s plea. The bench had reserved the judgement on Jan 23.

The bench also ordered that in the meantime the proceedings on the election petition pending disposal before the election tribunal would remain suspended.

The chief minister had won provincial assembly seat PS-29 in the 2013 general elections. His victory was challenged by Syed Ghous Ali Shah, the rival candidate belonging to the Pakistan Muslim League-Nawaz (PML-N), who emerged the runner-up.

The PML-N candidate alleged massive irregularities in the elections and sought the chief minister’s disqualification.

The counsel for the chief minister, Advocate Farooq H. Naek, submitted before the judges that the presiding officer of the election tribunal, Dr Zafar Ahmed Khan Sherwani, a former judge of the SHC, was not impartial and had bias against his client. He said the chief minister had filed an application under Section 58 of the Representation of the Peoples Act, 1976, before the ECP, requesting it to transfer the election petition from the Karachi election tribunal to any other tribunal but it was rejected.

Chawkandi graveyard

A division bench, headed by Justice Nadeem Akhtar, was informed by the Sindh culture and heritage department that no funds were allocated for the protection, preservation and rehabilitation of the Chawkandi graveyard, one of the national heritage sites in the country.

The bench was seized with the hearing of a constitutional petition filed by a civil rights campaigner and chairman of Raah-i-Raast Trust Agha Syed Ataullah Shah who sought preservation of the historical site, off the National Highway.

The special culture and heritage secretary submitted a report on court orders. It stated that no funds were allocated for the maintenance of the centuries-old graveyard.

The report added that preservation work on the site would be carried out when funds were released under the ADP-sponsored Protection, Preservation and Promotion of Archaeological Sites and Monuments scheme.

The court was also informed that the deputy commissioner and survey superintendent of Malir had been tasked with carrying out survey and demarcation of the land of the historical site

The special secretary requested the judges to give one month for the completion of the exercise of survey and demarcation of the land.

However, the bench directed the respondent authorities to place on record the report till March 24 when the case would be taken up again.

According to the petitioner, the 16th-century graveyard of the Mughal era, spread over 60 acres, was a precious national heritage site and some influential persons were stealing carved stones from it to use them as decoration pieces.

He said the influential people had encroached upon the land surrounding the graveyard and using it for commercial activities such as building hotels and offices of truck stands.

He said that the Sindh government did not take any action to stop these illegal activities despite the fact that the graveyard was precious national heritage and preserved under the Sindh Cultural Heritage (Preservation) Act, 1994. He asked the court to issue directions to the authorities concerned to take action against illegal encroachments on the site.

Published in Dawn, February 21st, 2015

On a mobile phone? Get the Dawn Mobile App: Apple Store | Google Play