A two-member bench, comprising Justice Omar Sial and Justice Zulfiqar Ali Sangi, announced the verdict reserved by the SHC Chief Justice Ahmed Ali Shaikh and Justice Sial.
According to the bench, the accountability court did not have the authority to remove the name of any accused from the reference.
Rasool Bakhsh Phulpoto was nominated in the investigation by the Federal Investigation Agency. The case was later transferred to the National Accountability Bureau (NAB).
Over 10 references pertaining to corruption in PSM were under trial in the accountability court.
Judge's reappointment
Separately, the bench issued notices to the attorney general of Pakistan over a plea challenging the reappointment of Justice Sherbano Karim as an accountability court judge.
The petitioner claimed in the plea that according to the NAB Ordinance and law, Justice Karim could not be reappointed, maintaining that she should be posted as a senior additional district and sessions court judge with the consultation of the SHC.
The petitioner further claimed that extending the judge's service period went against the freedom of the judiciary.
The plea moved the court to nullify the notification for Justice Karim's reappointment, issued on October 30, 2019.
Justice Sial remarked that the federal government's reply was necessary in the case. Subsequently, the court issued a notice to the attorney general, ordering him to appear in court on July 15.
Seeking a transfer
A two-member bench issued notices to the Sindh government and other parties over a plea seeking the transfer of a case pertaining to providing shelter to terrorists at Muttahida Qaumi Movement (MQM) headquarters Nine Zero from Anti-Terrorism Court-17 (ATC-17).
MQM-Pakistan leader Amir Khan, who filed the plea, claimed that hearings were being delayed because the ATC judge was on a six-month leave. He moved the court to transfer the case to another ATC.
According to the police, the Rangers had raided the MQM headquarters on March 11, 2015, arresting several alleged terrorists and confiscating ammunition from their possession.
The court issued notices to the parties, seeking their replies on July 6.
Increments challenged
Meanwhile, a plea was filed in the SHC challenging the bill passed to increase salaries and allowances of MNAs.
The petitioner stated in the plea that Minister of State for Parliamentary Affairs Ali Muhammad Khan had presented the bill seeking an increase in the salaries and allowances of the MNAs. He added that under this bill, each MNA was entitled to use 25 air tickets per year or receive funds in accordance if they did not utilise these tickets.
Given the current pandemic, the plea sought the nullification of these privileges given to MNAs.
The prime minister through the principal secretary, Khan, Science and Technology Minister Fawad Chaudhry and others have been nominated in the case.
Published in The Express Tribune, June 23rd, 2020.
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