MQM files review petitions against SC delimitation order

Dr Farooq Sattar says delimitation without census is unconstitutional.

KARACHI:

The Muttahida Qaumi Movement (MQM) – the lone political party opposed to the delimitation of constituencies in Karachi – filed on Monday two review petitions against the Supreme Court’s verdict on the issue.

Requesting the court to re-examine its decision, MQM Parliamentary Leader Dr Farooq Sattar filed the petitions at the Karachi registry of the apex court, saying the court’s rulings of Nov 26 and Nov 28 were “in violation” of the Constitution.

Speaking to the media after filing the petitions, Dr Sattar said a delimitation process which was only limited to Karachi and without a census was equivalent to pre-poll rigging, adding that the MQM and its mandate were “being pushed to the wall”.

“Delimitation can only be undertaken after a fresh census,” the petition states, citing the 1998 nationwide census after which fresh constituencies for national and provincial assemblies were delimited for 2002.

Furthermore, the review petition points out that the Supreme Court could not have interfered with the Election Commission of Pakistan (ECP)’s discretion when it rejected the commission’ confirmation on Oct 24 that there could be no delimitation in Karachi without a fresh census.

The petition adds that the apex court ought to have clarified that delimitation could not proceed without a fresh census.

On Nov 26, a five-member bench of the apex court observed that constituencies in Karachi should be delimited in a manner that they comprise “mixed population” to avoid political polarisation.

“Without a fresh census, the act of delimitation, which in essence is meant to create equality in the constituencies without any gerrymandering, would be nothing but an exercise in futility,” says the petition.

MQM leader Waseem Akhtar told The Express Tribune that without a fresh census, the delimitation process would be unconstitutional and illegal.  “If the court rejects our petitions, and gives order for the process without the census, then they would be unjust towards the people living in the city, with one party and its mandate,” said Akhtar.

Earlier, MQM chief Altaf Hussain had also termed the apex court ruling regarding fresh delimitation in Karachi an attempt to “snatch his party’s mandate”.

Published in The Express Tribune, December 25^th, 2012.