Dasti phone case raises SC eyebrows

ISLAMABAD:

The Supreme Court has questioned the registration of multiple criminal cases against PTI MNA Jamshed Ahmed Dasti, with Justice Aqeel Ahmed Abbasi observing that even allegations involving the theft of a Nokia mobile phone had been made against the lawmaker.

"Cases under the Maintenance of Public Order (MPO) may be understandable, but there is even an allegation of stealing a Nokia mobile phone. In the past, cases of buffalo theft were registered against prominent people. Nokia phones came later," Justice Abbasi remarked during the hearing of Dasti's petition challenging his seven-year sentence in a 2013 fake degree case.

Justice Abbasi criticised the practice of registering multiple cases over the same alleged offence in different parts of the country, observing that the burden ultimately fell on the courts.

"You say the judiciary ranks 136th in the world, but these are your achievements; the judiciary gets the blame," he remarked.

He added that if 100 cases were registered against an individual, it could take a lifetime to get them all resolved. The judge observed that the courts were left helpless and that the public was turning the judicial system into a subject of ridicule.

Justice Malik Shahzad Ahmad Khan, who headed the two-member bench, observed that all members of parliament were respectable in the eyes of the court. However, he questioned the political commitment to judicial independence, saying that politicians tended to remember such principles only after moving into opposition.

"When you move into opposition, you suddenly remember everything, including the independence of the judiciary," Justice Shahzad remarked.

He added that politicians should play their role when they were in power, rather than turning to the courts only when they themselves faced legal action.

During the hearing, Additional Prosecutor General Punjab Tariq Siddiqui informed the court that a report regarding cases registered against Dasti in Punjab had been submitted.

According to the report, 47 cases had been registered against the PTI lawmaker in the province. Of these, 35 had been disposed of, while 12 remained pending.

The bench also questioned Election Commission of Pakistan (ECP) officials about their appearance in the proceedings. ECP Director General Law Muhammad Arshad Khan informed the court that the commission was appearing as the complainant in the matter in response to a court notice.

Dasti told the bench that he had waged a struggle against corrupt elements and had also spoken against political party leaders.

Justice Shahzad responded that it appeared Dasti had spent his entire life engaged in this struggle.

Justice Abbasi remarked that Dasti spoke courageously, adding that whether his position was right or wrong was a separate matter.

The Supreme Court directed the inspectors general of police (IGPs) of Sindh, Balochistan, Khyber-Pakhtunkhwa and Islamabad, along with the Attorney General's Office in relation to the Federal Investigation Agency (FIA), to submit comprehensive reports within 10 days regarding all pending cases against Dasti.

Justice Abbasi said reports had been sought from all the IGPs and asked who had appeared on behalf of the Islamabad police.

The bench also examined the proceedings relating to the election commission. The ECP's law director informed the court that the National Assembly speaker had referred a matter to the commission, which had subsequently issued a decision. However, the Lahore High Court had suspended the operation of that decision through a stay order.

During the hearing, the Punjab government's counsel argued that, in view of a decision by a two-member bench, the case should be heard by a three-member bench.

Dasti's counsel said he had no objection to the case being heard by either a two-member or a three-member bench.

The SC directed the Punjab government's counsel and other lawyers to come prepared to assist the court on whether the matter should be heard by a two-member or a three-member bench.

The court extended Dasti's interim bail and adjourned until November 4.