The Sindh High Court (SHC) has ordered that the arrested UC chairmen belonging to the Pakistan Tehreek-e-Insaf (PTI) must be brought to the City Council to cats vote in the upcoming Karachi mayoral election.
The order was given by a two-member bench, comprising Justice Yusuf Ali Saeed and Justice Mohammad Abdul Rehman, while hearing a petition filed by Jamaat-e-Islami on Friday.
During the hearing, Saifuddin Advocate and Usman Farooq Advocate appeared on behalf of Jamaat-e-Islami, while the police and Sindh government presented a list of four arrested UC chairmen named Firdous Shamim Naqvi, Omar Daraz, Syed Amjad, and Muhammad Mustafa, who have been allegedly involved in various cases.
It was mentioned that Naqvi is currently undergoing treatment at the National Institute of Cardiovascular Diseases (NICVD) Sukkur.
The Sindh government expressed regrets for the inconvenience caused by bringing all elected representatives to the City Council, with the Sindh advocate general stating that they cannot bear the responsibility of bringing all the individuals other than the arrested ones.
The lawyers for Jamaat-e-Islami argued that a UC chairman was arrested two days ago, prompting the court to summon details on the arrested UC chairman. The court also questioned the role of the Election Commission of Pakistan (ECP), expressing concerns about their actions.
In response, the ECP lawyer stated that there is a clear instruction allowing the elected representatives to participate in the election process.
The Sindh advocate general made a commitment to bring the arrested elected representatives to the relevant forum on the election day but clarified that they are not accountable for the participation of the elected representatives who have not been arrested.
The Jamaat-e-Islami lawyers alleged that the police have been harassing the elected representatives in the city council and towns, preventing the PTI representatives from participating in mayoral and township elections. They requested the court to issue an order ensuring the participation of all elected representatives.
In defence, the Sindh advocate general claimed that Jamaat-e-Islami lacks the required number of representatives, and was therefore making false allegations.
The Jamaat-e-Islami lawyers countered, stating that the Pakistan People's Party, out of fear of defeat, is misusing the administrative machinery.
In its ruling, the court ordered the Sindh government to ensure the safe transportation of the arrested elected representatives to the city council and reiterated the importance of allowing all elected representatives to participate in the mayoral elections, in accordance with the ECP instructions.
In a separate matter, another two-member bench, comprising Justice Yusuf Ali Saeed and Justice Mohammad Abdul Rahman, heard a petition concerning the detention of PTI workers under the MPO (Maintenance of Public Order).
The petitioner's counsel, Mahjabeen Advocate, highlighted the case of two activists, Amin and Athar Wasim, who are currently held in Ghotki Jail after being arrested from their homes. The counsel called for the MPO notification to be revoked.
The court issued notices to the Sindh home secretary and IG, scheduling the next hearing for June 14 and requesting responses from the parties involved by then.
Published in The Express Tribune, June 10th, 2023.
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