Unfit for office: PTI files petition to stop Wasim Akhtar from taking oath

Party claims a person incarcerated on terrorism charges cannot hold mayor's office

KARACHI: The Pakistan Tehreek-e-Insaf (PTI) and another petitioner have approached the superior judiciary to bar Muttahida Qaumi Movement (MQM) leader Wasim Akhtar from taking oath as Karachi mayor due to his involvement in terrorism-related cases.

On Monday, two separate petitions were filed with the Supreme Court and the Sindh High Court against the MQM's mayoral-nominee. Mohammad Shahid Ghouri filed a petition with the SC's Karachi Registry under Article 184(3) of the Constitution, raising questions about whether a person involved in various criminal and terrorist cases should be allowed to hold the office of mayor.

Advocate Sharifuddin Pirzada said Akhtar was elected mayor of Karachi on August 24 this year in the last phase of the local government elections. He stated that after being elected he would control the city of Karachi as its mayor, which is a matter of serious concern to the citizens of Karachi, who fear that a person involved in numerous terrorist cases and against whom numerous FIRs have been registered, mostly under sections six and seven of the Anti-Terrorism Act, 1997, would now be given the reins of the metropolis.

He said that the election was held under the local government laws but this aspect of the matter was never brought to the notice of the election commission, adding that had it been done, the respondent could not have contested the elections.

Pirzada argued that notwithstanding till such time all the cases are decided by the appropriate court and in case Akhtar is acquitted, he should not be allowed to take the charge of mayor. "Any act of violence, strikes, closure or terrorism affects the entirety of Pakistan and handing over the city to a person who is alleged to have committed acts of terrorism and crime would amount to putting the citizens of Karachi at severe risk," he said.

It was also argued that since the respondent was lodged in prison following the rejection of his bail in a case against Dr Asim Hussain and has been arrested in many other cases, it is impossible for him to serve as mayor from the confines of jail. It was stated that it is commonly known that the respondent had, through his party, caused disruption in the country.

Therefore, the apex court was requested to declare the respondent unfit to be sworn in as mayor and that he cannot act as mayor till the cases are concluded. The petitioner also sought an injunction to restrain the MQM leader from taking oath of the office, scheduled to be held in a ceremony on Tuesday (today).

PTI's Faisal Vawda, who filed a similar petition with the SHC, also said that Akhtar was involved in cases of serious nature. He argued that a person involved in acts of terrorism cannot be elected mayor. Therefore, the court was pleaded to declare Akhtar unqualified for the office of mayor.

Published in The Express Tribune, August 30^th, 2016.