Chief Justice Qazi Faez Isa on Monday expressed his anger at the absence of a petitioner who had filed the petition for annulment of the February 8 general elections, and sought the apex court’s order for re-election in the country.
A three-member bench led by the chief justice and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali took up the petition.
The court staff informed the bench that a notice was sent to petitioner Brig (retd) Ali Khan at his home address but it was not complied with, while his mobile phone was switched off and no contact could be established via WhatsApp either.
The chief justice asked whether it was a joke that first a petition was filed and it was publicised in the media and the social media and then the petitioner did not show up in court.
“This attitude cannot be tolerated,” he added. Was this petition filed for fame, the chief justice asked, adding that the court would hear the case.
A court order later said that the petition was filed on Feb 12 and before filing the plea, publicity was made in electronic and print media.
The Registrar's Office raised objections to the petition, but considering the importance of the case, the petition was fixed for hearing with the registrar's objections.
However, the order said, after filing the petition and gaining maximum publicity, the petitioner filed another plea for withdrawing the petition.
Normally, the court said, an applicant was entitled to withdraw the plea but in this case, the petitioner exploited the situation and achieved his personal objective.
The court order said that the petitioner was being given another chance, therefore, apart from the usual practice, court notices should be complied with through the concerned police station house officer (SHO). As the petitioner was a retired brigadier, the notice should also be complied with through the defence ministry.
The hearing was adjourned till Wednesday (tomorrow).
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