KARACHI: The Sindh High Court on Friday dismissed a petition seeking disqualification of former Karachi mayor and Pak Sarzameen Party chairman Syed Mustafa Kamal from the public offices he previously held.

A two-judge bench headed by Justice Mohammad Ali Mazhar observed that the petitioner attempted to challenge the previous public offices at a belated stage and sought disqualification from 2002, which was not possible due to an inordinate delay and deep slumber on his part.

Former Muttahida Qaumi Movement-Pakistan MNA Salman Baloch filed the petition stating that Mr Kamal remained an employee of the Karachi Medical and Dental College and alleged that he was dismissed from service in 2002 but he concealed the employment in his nomination papers filed in 2002 for the election of MPA as well as in 2005 for the election of local bodies.

The bench in its judgement said that seemingly the respondent was not holding any public office since 2010 and the petitioner had also failed to rationalise if he was so passionate and ardent in the public interest or wanted to act as a whistleblower then why he maintained prolonged muteness during the period when the PSP chief was holding different public offices.

The bench questioned why after the lapse of his tenure, the petition was filed in 2020 with the entreaty that the respondent should be declared disqualified from the beginning or inception of his first public office, which he possessed pursuant to first nomination papers.

It observed that after surveying all the judgements of the apex court cited by the petitioner in support of his petition, it found them distinguishable to the facts and circumstances of the case in hand as in no case the public offices of the incumbents were challenged after the lapse or expiry of their tenures.

“The petitioner attempted to challenge the past public offices and filed this petition at belated stage on 16.1.2020 when the respondent No.1 is not holding any public office and his disqualification as prayed from the date of filing nomination papers on 24.10.2002 for contesting elections of provincial assembly, his nomination papers for contesting elections of local government and in 2005 for City Nazim is not physically possible due to inordinate delay and deep slumber on the part of petitioner”, it concluded.

Earlier, the petitioner argued that Mr Kamal was elected as an MPA on the ticket of MQM in 2002, city nazim of Karachi in 2005 and also given ticket for election of Senate in 2013 but from his very first election he was not qualified as he failed to fulfil the qualifications specified under Article 62 of the Constitution as he concealed his employment with KMDC.

Published in Dawn, June 5th, 2021