Court roundup: SHC rejects plea to hold PS-122’s winning notification

ECP's response in iqama case sought by Sept 4

KARACHI: The Sindh High Court (SHC) rejected Muttahida Majlis-e-Amal (MMA) candidate Syed Rizwan Shah's plea against withholding the winning notification of Pakistan Tehreek-e-Insaf candidate Rab Sattan Khan from PS-122.

The court directed the plaintiff to approach an election tribunal. The hearing of a plea to withhold Khan's winning notification was held by a two-member bench.

Rejecting the MMA candidate's plea, the bench directed the plaintiff to approach an election tribunal. The bench remarked that the high court doesn't have the right to conduct a vote re-count after the winning notification has been issued.

The plea submitted by the MMA candidate maintained that there is a difference of 2,400 votes between the winning and losing candidate.

Contempt proceedings delayed

Meanwhile, the SHC postponed a contempt of court hearing against former chief minister Syed Murad Ali Shah and former chief secretary Rizwan Memon till September 5 in a case relating to the formulation of the law for appointments, transfers and tenure of the Sindh Police officers.

At a hearing before a two-member bench, Barrister Faisal Siddiqui observed that further action should be taken after the new government is formed. Additional Advocate-General Shabbir Shah maintained that the police laws are being analysed anew. A draft of the Sindh Police New Act has been prepared, which will soon be presented to the provincial cabinet for approval.

The court adjourned the hearing till September 5.

Plaintiff Karamat Ali of Pakistan Institute of Labour Education and Research maintained in the plea that the inspector-general's recommendation's do not find place in the Sindh Police Transfers and Posting Act, 2017 and this is a violation of the court order's para no 96.

Iqama case

The SHC directed the Election Commission of Pakistan to submit replies against the iqama status of Pakistan Peoples Party leaders Faryal Talpur, Manzoor Wassan, Nasir Hussain, Sohail Anwar Siyal and others by September 4.

A two-member bench, headed by Justice Muhammad Ali Mazhar, heard the case.

The ECP has not submitted its response, Justice Mazhar observed, adding that the court will announce a combined verdict for all the petitions.

Until now, the ECP officials were busy, but they must inform about the iqama status now.

The bench remarked that the commission should investigate the cases relating to iqama now that election-related activities had reduced.

Meanwhile, Advocate Khawaja Shamul Islam requested the court to put a ban on oath-taking of Talpur and others until ECP's response was received. Talpur's counsel, Sheraz Raj, opposed the plea.

The petition maintained that Talpur had set up an offshore company in Dubai in 2002 under the name of Sahibzadi Ayesha. "Talpur transferred large sums of money to the company, the details of which were not submitted to the ECP," the petition stated, adding that the PPP leader has also not declared her iqama.

Talpur does not qualify as 'saadiq and amin' as per the affidavit submitted to the ECP, the petition reads, adding that Talpur should be disqualified from becoming an assembly member.

Published in The Express Tribune, August 14^th, 2018.