LAHORE: A Lahore High Court division bench on Monday issued notices to the federal government and Pakistan Tehreek-i-Insaf Chairman Imran Khan on an intra court appeal (ICA) against dismissal of a petition that wanted the court to set aside establishment of the judicial commission probing alleged rigging in 2013 general election.

A senior lawyer of the Supreme Court, Advocate AK Dogar, filed the appeal and stated that a single bench dismissed his writ petition on the matter.

The PTI, through its Punjab leadership, had become party in the case and defended the establishment of the commission.

The single bench had dismissed the petition against the judicial commission under the General Elections 2013 Inquiry Commission Ordinance for being not maintainable.

The lawyer pleaded that the impugned ordinance was not only in violation of Article 225 of the Constitution but was also a result of pressure by an opposition party on the government.

He said the election matters could only be raised before election tribunals. He asked the court to set aside the order passed by the single bench and allowed his appeal against the establishment of the poll inquiry commission.

The division bench, headed by Justice Shahid Waheed, issued notices to the federal government and the PTI chief for July 14.

Adjourned: The election tribunal on Monday adjourned hearing of NA-122 rigging case for Tuesday (today) as final arguments of National Assembly Speaker Sardar Ayaz Sadiq’s counsel were in progress.

Barrister Asjad Saeed, speaker’s counsel, focused his arguments on the reports of Nadra and the local commission about inspection of the constituency’s record. He said the tribunal could not go beyond its terms of references (ToRs) issued for the inspection process.

He said the alleged irregularities committed by the election staff could not be attributed to the returned candidate. He said his client (speaker) was not the beneficiary of the alleged irregularities but Pakistan Tehreek-i-Insaf chief Imran Khan, the petitioner.

If there was no irregularity, Mr Khan would not have any ground for his petition, the counsel added.

Barrister Saeed said the PTI chief accused presiding officers of corrupt practices but never asked the tribunal to summon them for their witness in the case. He said the tribunal could not give any decision against the election officers without hearing them.

In this case, counsel for Imran Khan had already concluded his arguments.

Published in Dawn, July 7th, 2015

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