KARACHI, March 5: The Sindh High Court allowed the PPP candidate from NA-239 (Karachi), Abdul Qadir Patel, to file a fresh affidavit to controvert the allegations made by his MQM rival, Dr K.S. Mujahid Baloch.

An affidavit submitted earlier was withdrawn by his counsel, Rasheed A. Razvi, on Tuesday to facilitate early disposal of the petitions moved by five MQM candidates against unofficial winners of one national and four provincial seats from Karachi. The counsel said the petitions were not maintainable as Article 225 of the Constitution and Section 52 of the Representation of People Act confer exclusive jurisdiction on election tribunals in respect of electoral disputes. So far as summary inquiry was concerned, it could be held by the Election Commission itself under Section 103-AA of the Representation Act. He said he had received pre-admission notices in the five petitions, which meant that the court wanted to satisfy itself with regard to their maintainability.

Appearing for Dr Baloch and four other petitioners, Advocate Abrar Hasan argued that the high court writ jurisdiction attracted if the polling is marred by extraordinary circumstances impacting on the very exercise of the right of franchise. In NA-239, he contended, 50 polling stations were out of bounds for the polling agents of the petitioner candidate. Complaints were made to the law enforcement personnel and the election staff. When Mr Rizvi pointed out no complaint had been annexed to the petition, Mr Hasan said repeated verbal requests were made but there was no worthwhile response and the candidate and his supporters were despaired of any relief from the polling and police staff.

Since respondent Abdul Qadir Patel has withdrawn his affidavit, the allegation made by the petitioner remained uncontroverted and a case for high court intervention in an extraordinary situation has been made out. The petition for a re-poll should be allowed and the interim stay against notification of the official result should be confirmed.

Advocate Razvi said he would file an affidavit to deny the petitioner’s averments next morning and the bench adjourned further hearing of the five petitions to 9.30am on Thursday.

The Sindh High Court was informed on Wednesday the establishment of separate prisons for juvenile offenders requires a policy decision followed up by budgetary allocations for and construction of a chain of borstal jails.

Provincial home secretary Rashid Alam and prisons inspector-general Yamin Khan appeared before a division comprising Justices Azizullah M. Memon and Arshad Noor Khan in response to a court notice in suo motu proceedings on the condition of juvenile prisoners and their protection from the baleful influence of living together with adult inmates, particularly habitual offenders and hardened criminals.

The bench adjourned further hearing of the case to April 9 after bringing on record official reports.