PESHAWAR, Sept 19: A two-member bench of the Peshawar High Court on Thursday dismissed a writ petition filed for staying the scheduled October general elections and directed the petitioner to pay special cost of Rs2,000 for filing the said petition.
The bench comprising Justice Khalida Rachied and Justice Qaim Jan Khan ruled that the deadline for holding the general elections was set by the Supreme Court of Pakistan and a high court could not set aside that order.
The petition was filed by Malik Nawaz, a resident of Pakha Ghulam area, stating that as the accountability was in progress, therefore, the general elections should be stayed. He added that a three-year period was not enough for conducting accountability in the country.
Advocate Muhammad Sohail appeared for the petitioner, but he could not convince the court why the petition was filed at the high court. He contended that accountability was the demand of the entire nation and it should be given priority over elections.
The bench inquired from him whether he was aware of the judgment delivered by the Supreme Court in Zafar Ali Shah’s case. The bench observed that the apex court had clearly pronounced in that judgment that general elections should be held within three years of taking over of power by the army.
Sohail contended that the time for filing a review petition against that verdict had already lapsed and they had no other option but to file the petition before the high court. The court asked him how could the high court review a judgment of the supreme court. The petitioner’s counsel stated that the apex court had given less time for accountability, and it should be extended.
The court dismissed his plea with the directives to pay special cost for filing the petition. The high court in very rare cases orders payment of special cost and it normally issues such orders in cases where the petitioner appears to be non-serious.