Dismissing a writ petition filed against the election of two Pakistan Peoples Party (PPP) candidates from electoral constituencies reserved for Kashmiri refugees, the Azad Jammu and Kashmir (AJK) High Court has advised the Pakistan Muslim League-Nawaz (PML-N) to go to election tribunals to challenge poll results.
The AJK High Court further directed the party to file an amended writ petition for composition of new electoral lists for Kashmiri refugees constituency LA-37, Lahore-2, where elections were also postponed on June 26 due to clashes between PPP and PML-N activists.
The high court also dismissed the writ petition by the Muslim Conference candidate from LA-17 Poonch/Abbaspur Sardar Abdul Qayyum Niazi who filed a petition against the cancellation of elections and sought a re-election.
The court also resumed hearing of the petition filed by the Muttahida Qaumi Movement (MQM) through its counsel Sharafat Ali Mir contesting the postponement of election on two Kashmiri refugees’ electoral constituencies in Karachi.
A full bench of the court, headed by Chief Justice Mustafa Mughal and comprising Justice Muhammad Munir and Justice Tabassum Aftab Alvi, dismissed the writ petition filed against the election of LA-39 Kashmir Valley-4 and LA-40 Kashmir Valley-5 by PML-N AJK through its counsel Raja Sadaqat Hussain. The court also dismissed the writ petition filed by Niazi against the election in LA-17 seeking a re-election and advised him to turn to the election tribunal.
Meanwhile, the Sindh advocate-general has sought time to receive instructions from the provincial chief executive and from security agencies. The Sindh High Court (SHC) was hearing a constitution petition in Karachi, filed by two candidates belonging to the MQM questioning the postponement of elections on two general seats for the AJK legislative assembly. Hearing was put off till Monday.
The Sindh AG was summoned on a suggestion by the Sindh additional advocate-general (AAG) who was asked by the bench whether the state is ready to fulfil its constitutional obligation of providing security to voters and others on the day the postponed elections are held.
“The petition is justified and it is the primary responsibility of state organs to provide security to citizens,” said AAG Adnan Karim Memon, adding that the Sindh AG will be a more appropriate person to respond to this particular question by the court.
The bench then asked the AAG to call the Sindh AG who then showed up in court and when asked about the issue, first said he was not aware about the contents of the petition as he had not received a copy. He asked to be given copies and a waiver notice of the petition. He then sought time to approach the responsible authorities and to consult and seek instructions from the province’s highest authority.
The court allowed the request and adjourned further proceedings till Monday at 9:30am when the AG will be required to make a firm statement about the provision of security on the day when elections for the two general seats of the AJK legislative assembly will be held.
Earlier, the bench heard Advocate Dr Farogh Naseem, counsel for the PML-N petitioners. On behalf of the respondents, the counsel submitted copies of the report by the DIG Headquarters before the AJK high court, along with reports by two returning officers (ROs). The report said, “It has been learnt from reliable sources that conspiracy has been hatched to assassinate both ROs.”
Mala fide intent appears to be floating on the surface as the two ROs could have been provided security. “This is no reason for postponing the elections,” said Dr Naseem.
He asked the court to issue directives to the respondents, including home secretary Sindh, IG Sindh and others to provide adequate security on the day of the election so the same pretext is not used for another delay in elections.
The court broke into a fit of laughter when the counsel for the petitioner showed them a news clipping from an Urdu daily which quoted Interior Minister Rehman Malik as reportedly expressing his “surprise“ over the postponement of elections on June 26. “Please do not bother with his statements, he is used to such things,” observed the bench.
The proceedings were later adjourned till Monday.
‘Worst polls in AJK history’
Meanwhile AJK Prime Minister Sardar Attique termed the 2011 polls “the worst in the history of the region”, reported Express 24/7.
Speaking at a press conference in Islamabad, Attique termed the elections ‘not credible.’
“Kashmiris’ right to self-determination has been violated and the civil administration of the current government has failed to deliver,” he said.
The AJK prime minister then questioned the reliability of the current government in conducting fair elections across Pakistan when it couldn’t even deliver in 41 constituencies.
Published in The Express Tribune, July 2nd, 2011.
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