Lahore High Court (LHC) Justice Khalid Ishaq has dismissed pleas of former opposition leader in Punjab Assembly Malik Ahmad Khan Bhachar and ex-MNA Muhammad Ahmad Chatha challenging the Election Commission of Pakistan's (ECP) notifications de-notifying them.
The judge observed that that since the petitioners were fugitives from justice, they could not invoke the court jurisdiction for judicial review.
The court concluded that the ECP notifications impugned through the constitutional petitions were linked to conviction of the petitioners.
The respondents questioned that the maintainability of the petitions on the ground that the petitioners were convicts who had not surrendered themselves to the due process of law, were at large and their perpetual arrest warrants had been issued. Therefore, they were not entitled to invoke the extraordinary constitutional jurisdiction of the court in terms of Article 199 of the Constitution.
The additional attorney general for Pakistan contended that the jurisdiction of judicial review could not be invoked in favour of the petitioners as it was not meant to act in aid of a fugitive from justice. A citizen seeking revision of an order has to satisfy at the outset as to how he is entitled to such a remedy when he is guilty of setting a judicial order at naught by fleeing after conviction.
In addition, the additional attorney general submitted that the jurisdiction under Article 199 could not be invoked by a fugitive. The law officers representing the ECP adopted similar submissions.
The petitioners' counsel argued that irrespective of conviction, civil rights of a person were protected and disadvantage, if any, for being a fugitive, only related to the case in which the petitioners had been convicted and not all other cases.
The petitioners had challenged their disqualification and sought halting of by-polls in their constituencies.
Their counsel had argued that no proceedings could be initiated against an assembly member without a reference sent by the speaker.
They contended that the lawmakers had been disqualified without being given an opportunity to be heard, which violated the principles of natural justice.
The ECP had disqualified the petitioners following their conviction in May 9 cases by the anti-terrorism courts.
The trial court had handed down 10-year imprisonment each to them.
Khan's nephew
Anti-Terrorism Court Judge Manzer Ali Gill handed over PTI founder Imran Khan's second nephew Shershah Khan to the police on five-day physical remand in a May 9 case, in which his nomination has emerged after 27 months.
A day earlier, the judge had handed over Shershah's brother Shahrez Khan to the police on eight-day remand.
Shahrez had been arrested on August 21 and presented before the ATC on Friday. Shershah was arrested on Friday and presented before the court on Saturday.
As the proceedings commenced, the prosecution contended that the suspect was present at the spot and video clips are available to establish this.
The police sought 30-day remand of the accused for investigation regarding his social media accounts.
The defendant's counsel Salman Akram Raja opposed the remand request, arguing that accused had been arrested 27 months after the incident. He had come to attend the proceeding regarding his brother on Friday and had been arrested the same day.
Lawyer Rana Mudassar Umar argued that such an extensive delay in arrest reflected mala fide intent.
The lawyers requested the court to discharge the accused from the Jinnah House Case.
However, the judge handed him over to the police on five-day remand.
Before the ATC judge approved the remand of Shahrez a day earlier, the police had told the court that he had been nominated on September 23 in two supplementary statements.
Counsel Salman Akram Raja implored the court that the accused had been implicated after 27 months despite having nothing to do with political activities.
The prosecution told the court that the name had been mentioned in other cases.
Counsel Raja said the home of Khan's sister Aleema had been raided a day after his bails had been granted by the top court.
The lawyer told the court the accused was in Chitral between May 6 and 13 when the incidents related to the case had occurred and Aleema had also been cleared of the charges.
The judge asked the investigation officer about the role of the accused and briefly adjourned the proceedings while summoning the police record.
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